State v. Jeffries, 2018 MT 17 (Feb. 6, 2018) (McKinnon, J.) (5-0, aff’d)
Issue: Whether the municipal court a used its discretion by denying Jeffries’ motion to exclude breath evidence.
Short Answer: No.
Affirmed
Facts: Jeffries was stopped by Missoula police early one morning while driving with no tail lights. Jeffries’ vehicle had a large portion of its front bumper missing, only one working headlight, and was dripping fluid. Investigation revealed recent property damage along Jeffries’ route with pieces of her vehicle left behind. The officer noticed Jeffries’ speech was slurred. Jeffries admitted to having two or three mixed drinks several hours earlier. A second police officer also noticed Jeffries’s speech was slurred and that her eyes were bloodshot, she was unsteady on her feet, and her breath smelled strongly of alcohol.…