[Download] "Matter Suspension Driver's License Scott" by Supreme Court of Idaho No. 19166 ~ Book PDF Kindle ePub Free

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eBook details

• Title: Matter Suspension Driver's License Scott
• Author : Supreme Court of Idaho No. 19166
• Release Date : January 13, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

The State filed a petition for review of a decision of the Court of Appeals which affirmed the magistrate court's refusal
to suspend the petitioner's driver's license. The sole issue on appeal is whether the magistrate court erred in summarily
terminating a driver's license suspension proceeding and returning the license to a driver on the ground that the court did
not have jurisdiction to proceed because the affidavit filed by the officer was invalid. We conclude that the magistrate erred. On September 4, 1988, Scott Hanson (Hanson) was arrested by Officer Curtis Cooley of the Ketchum City Police for driving
while under the influence of alcohol. Hanson refused to take an evidentiary test for alcohol concentration of his breath,
and Officer Cooley seized his license pursuant to I.C. § 18-8002. That same evening, Officer Cooley prepared and
signed the form, "Affidavit of Refusal to Take Alcohol Test," provided for in Misdemeanor Criminal Rule 9.2, and left it on
his desk where it was notarized by his secretary the following morning. On September 5, 1988, the Affidavit of Refusal to
Take Alcohol Test, along with Hanson's driver's license, was filed with the Blaine County District Court, Magistrate Division.

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