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eBook details

• Title: Matter Suspension Driver's License Debra
• Author : Court of Appeals of Idaho No. 17397
• Release Date : January 31, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Debra Nowoj appeals from a district court's decision upholding a magistrate's order suspending her driver's license pursuant
to Idaho's implied consent statute, I.C. § 18-8002. She presents the following issues: (1) whether the court erred
in finding Nowoj did not meet her burden of proof at the hearing; (2) whether I.C. § 18-8002 violates due process
because it places the burden of proof on the licensee in a license suspension proceeding; and (3) whether the civil penalty
embodied in I.C. § 18-8002 is in conflict with the criminal law limitations set forth in I.C. § 39-310.
The latter two issues were not submitted to the magistrate for determination but were raised only on appeal. It is well settled
that issues not presented below and asserted for the first time on appeal will not be considered or reviewed. Baldner v. Bennett's,
Inc., 103 Idaho 458, 649 P.2d 1214 (1982). Consequently, we will limit our attention only to the first issue urged by Nowoj.
For reasons explained below, we affirm. Following the seizure of her driver's license, Nowoj timely requested an evidentiary hearing to show cause why her license
should be returned. See I.C. § 18-8002(4)(b). The hearing revealed the following facts. On June 6, 1987, police
officer Corporal Richardson noticed a maroon vehicle traveling at what appeared to be excessive speed on a public highway.
He activated a radar unit which indicated the vehicle was moving sixty-five miles per hour in a zone posted for forty-five
miles per hour. The vehicle was being driven by Debra J. Nowoj. Upon stopping the vehicle, Officer Richardson detected a strong
odor of alcohol on her breath. When asked how much she had to drink, Nowoj admitted having two "Bud Lights" and a little wine.
Nowoj was then asked to perform the standard battery of field dexterity tests. Nowoj failed all of these tests, and was placed
under arrest for driving under the influence of alcohol pursuant to I.C. § 18-8004. Nowoj was read her Miranda warning
and an advisory form containing the information regarding refusal to take a chemical test to determine the concentration of
alcohol in one's blood, as required by I.C. § 18-8002(3). Officer Richardson then asked Nowoj if she would take
the standard breath test used to determine alcohol concentration in the blood. Nowoj replied, "No, I won't." Nowoj was reminded
that refusal to submit could result in suspension of her license for 120 days. Nowoj still refused to submit to the test and
signed the advisory form indicating her intent not to comply with I.C. § 18-8002.

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