(DOWNLOAD) "Matter Suspension Driver's License Dennis" by Court of Appeals of Idaho No. 17962 " eBook PDF Kindle ePub Free
eBook details
- Title: Matter Suspension Driver's License Dennis
- Author : Court of Appeals of Idaho No. 17962
- Release Date : January 24, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
This case involves the suspension of a driver's license pursuant to Idaho's implied consent statute, I.C. § 18-8002.
A magistrate ordered suspension of Dennis McNeely's driver's license for a period of 180 days based upon McNeely's failure
to submit to a blood alcohol concentration (BAC) test at the time of his arrest for driving under the influence of alcohol
(DUI). On appeal, the district court upheld the magistrate's order. Appealing further, McNeely contends that he should have
been permitted to speak with his attorney prior to deciding whether to submit to the BAC test, and that the advisory form
read to him by the arresting police officer prior to testing did not apprise him of the consequences of his refusal. For the
reasons explained below, we affirm the district court's decision upholding the magistrate's order suspending McNeely's driver's
license. The essential facts of this case are brief. On April 1, 1988, McNeely was stopped by a Boise police officer for suspicion
of DUI. After McNeely performed unsatisfactorily on several field sobriety tests, he was arrested for DUI, taken to the police
station, and asked to submit to a breath test to determine the alcohol concentration in his blood. Prior to the request, the
arresting officer read McNeely an advisory form outlining the consequences of refusing to take the test.[Footnote 1] I.C.
§ 18-8002(3). McNeely listened to the officer read the form, but then refused to be tested, stating that he wished
to talk to an attorney and that he did not understand the advisory form. McNeely's driver's license was immediately seized
by the officer, and an affidavit of refusal was made to the magistrate division of the district court, recommending that McNeely's
license be suspended. I.C. § 18-8002(4)(c). Upon McNeely's request, a show cause hearing was held on April 27, 1988,
at which time a magistrate determined that the officer's seizure of McNeely's license was valid. The magistrate then ordered
suspension of McNeely's license for 180 days. The magistrate's decision was upheld on review by the district court. This appeal
followed.
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