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STATE v. AUSTIN

Docket No. 44276.

413 P.3d 778 (2018)

STATE of Idaho, Plaintiff-Respondent, v. Justin Keith AUSTIN, Defendant-Appellant.

Supreme Court of Idaho, Boise, December 2017 Term.

Filed: March 6, 2018.

Attorney(s) appearing for the Case

Eric D. Fredericksen , State Appellate Public Defender, Boise, for appellant. Reed Anderson argued.

Hon. Lawrence G. Wasden , Idaho Attorney General, Boise, for respondent. Theodore S. Tollefson argued.

This case addresses whether a defendant accused of DUI can present expert testimony regarding his alcohol concentration at the time he was driving. In April 2015, an Ada County Sheriff's Deputy pulled Justin Keith Austin over for failure to use a turn signal. During the stop, the deputy detected the smell of alcohol, and Austin's...

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