[Copyrighted Material Omitted]
Appeal from the District Court of the Fourth Judicial District, State of Idaho, Valley County. Hon. Michael R. McLaughlin, District Judge. Hon. Henry Boomer, Magistrate.
Order of the district court reversing the magistrate's decision denying the motion to dismiss and remanding the case for withdrawal of guilty pleas and dismissal of charges, reversed.
Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for appellant. Lori A. Fleming argued.
Nevin, Benjamin, McKay & Bartlett LLP; Jeffrey Brownson, Boise, for respondent.
The State appeals from the district court's appellate decision vacating Rhonda Lee Trusdall's conditional guilty plea to misdemeanor driving under the influence (DUI), Idaho Code § 18-8004, and transportation of an alcoholic beverage, I.C. § 23-505. We reverse.
FACTUAL AND PROCEDURAL BACKGROUND
Trusdall was operating a Polaris Ranger in a church parking lot, spinning the vehicle in circles. The six children in the vehicle with Trusdall were not wearing helmets. The
officer that stopped Trusdall observed a half-empty beer in a cup holder and smelled the odor of an alcoholic beverage on her breath. Trusdall failed field sobriety tests, and a breath test revealed a blood alcohol content of .169 and .164.
The State charged Trusdall with DUI, transporting an open container, injury to children, and failure to carry a driver's license. Trusdall filed a motion to dismiss the DUI charge. She argued that the DUI statute, I.C. § 18-8004, did not apply because a Polaris Ranger is a utility type vehicle  (UTV) and is not a " motor vehicle" for purposes of the DUI statute. Trusdall also argued that I.C. § 67-7114, which specifically prohibits driving a UTV while intoxicated, barred the State from charging her under I.C. § 18-8004. The magistrate denied the motion to dismiss. The State filed an amended complaint adding to Trusdall's charges reckless driving, malicious injury to property, and six counts of injury to a child and permitting a minor to ride upon a UTV without a helmet. Trusdall entered a conditional guilty plea to DUI and transporting an open container. The State dismissed her other charges. The magistrate entered an order withholding judgment and ...