[DOWNLOAD] "Matter Suspension Driver's License James" by Court of Appeals of Idaho No. 18709 ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Matter Suspension Driver's License James
• Author : Court of Appeals of Idaho No. 18709
• Release Date : January 22, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

James Goerig was arrested for driving under the influence of alcohol, I.C. § 18-8004. He agreed to take a breathalyzer
test on the condition that the police administering the test remove his handcuffs. The police refused and Goerig did not take
the test. The issue presented on appeal is whether Goerig's conditional consent to take a test to determine blood alcohol
content should be considered to be a refusal for the purpose of determining whether his driver's license should be revoked
under I.C. § 18-8002(4). We limit our holding to the particular facts of this case and conclude that Goerig's conditional
consent was, in fact, a refusal which should have resulted in the suspension of his driver's license. On the evening of April 2, 1989, Goerig was returning to his home in Hayden Lake from Spokane, Washington, where he had gone
to visit a relative. According to Goerig, he suffers from manic depression. He began to sense that his mood was elevating
and that he was entering a manic state. Goerig has prescription medicine which helps him control his illness, but he did not
have the medication with him at the time. As he was on his way home to get his medicine, he stopped at a bar in Rathdrum in
order to "self-medicate" with four glasses of beer. Because he was entering a manic state, he does not know how long he was
in the bar.

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