State of Montana v. Ryan Jeffrey Counts

Summary

The Montana Supreme Court affirmed the denial of Ryan Jeffrey Counts’s motion to suppress breath-test evidence and his DUI conviction. The Court held that Counts waived his appellate challenge concerning the Intoxilyzer’s field certification because he had not raised that specific argument before the District Court.

Holdings

1. Counts waived the field-certification challenge because he did not raise it in his written suppression motion or at the suppression hearing; merely referring generally to foundation did not preserve every possible foundation argument.
2. The District Court did not abuse its discretion in denying Counts's motion to suppress on the grounds presented below.

Questions Presented

1. Whether Counts preserved his appellate argument that the Intoxilyzer was not properly field certified under the Senior Operator's Manual and the Administrative Rules of Montana.
2. Whether the District Court abused its discretion by denying suppression of the breath-test results based on the foundation evidence presented below.

Disposition

affirmed