(Download) "Matter Suspension Driver's License Delbert" by Court of Appeals of Idaho No. 18412 # Book PDF Kindle ePub Free

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eBook details

Title: Matter Suspension Driver's License Delbert
Author : Court of Appeals of Idaho No. 18412
Release Date : January 06, 1991
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 62 KB

Description

This is an appeal by the state from a decision of the district court reversing an order entered by a magistrate for the suspension
of Delbert Beem's license to drive. The magistrate suspended Beem's license for 120 days under I.C. § 18-8002 upon
proof that Beem had refused to submit to an alcohol concentration test when he was arrested by an officer for DUI. On appeal,
the district court reversed the magistrate's order on the ground that the statute required suspension for a period of 180
days and that the officer had misinformed Beem of the consequences for refusing to take the test by advising him that his
license would be suspended for 120 days. We affirm the district court's order. Prior to 1987, I.C. § 18-8002(4)(b) provided that a driver's license would be suspended for 120 days if the driver
refused to take an alcohol concentration test requested by a police officer who had reasonable cause to believe the driver
was operating his or her vehicle while under the influence of alcohol. In 1987, the period of suspension was increased to
180 days by the legislature. See 1987 Idaho Sess. Laws, ch. 122, sec. 1, p. 247.

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