(DOWNLOAD) "Matter Suspension Driver's License Glenn" by Court of Appeals of Idaho No. 16979 # eBook PDF Kindle ePub Free
eBook details
- Title: Matter Suspension Driver's License Glenn
- Author : Court of Appeals of Idaho No. 16979
- Release Date : January 08, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Idaho Code § 18-8002(4) provides that if a motorist "refuses" to take a blood-alcohol test after he has been arrested
for driving under the influence, his operator's license shall be suspended. Today we are asked to decide whether the test
has been "refuse[d]" if the motorist initially declines the test but shortly thereafter agrees to take it. As explained in
more detail below, we hold that there is no refusal if the assent is still timely and is given unequivocally. The facts framing the issue are undisputed. On January 19, 1987, at about 10:15 a.m., a car driven by Glenn Smith ran off
a highway in rural Cassia County. It came to rest after rolling one and one-half times. Smith, the sole occupant of the car,
escaped serious injury. At approximately 11:45 a.m., an officer at the scene placed Smith under arrest for driving under the
influence in violation of I.C. § 18-8004. Although the record shows no eventual conviction on that charge, we assume
for the sake of this Discussion that the arrest was valid.
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