The Appellate Group

State v. Montgomery

State v. Montgomery, 2026 UT App 77 (Orme, J.)

Criminal Law

The Utah Court of Appeals held:

The district court erred as a matter of law when it denied Defendant’s Baker motion seeking to exclude the result of his breath alcohol test when the officer filed to perform a mouth check prior to the observation period.

Practice tip:

A mouth check is a foundational requirement for the admissibility of breath alcohol tests.

Read the full court opinion