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VALENTE v. MILLS

No. 10257.

458 P.2d 84 (1969)

93 Idaho 212

Pete VALENTE, Petitioner-Respondent, v. Warner C. MILLS, Commissioner of Law Enforcement, State of Idaho, Defendant-Appellant.

Supreme Court of Idaho.

Rehearing Denied August 18, 1969.

Attorney(s) appearing for the Case

Robert M. Robson, Atty. Gen. of the State of Idaho, and Mack A. Redford, Deputy Atty. Gen., Boise, for defendant-appellant.

Thomas A. Mitchell, Coeur d'Alene, for petitioner-respondent.

McFADDEN, Chief Justice.

This action was instituted by the respondent Pete Valente to set aside an order suspending for ninety days respondent Valente's motor vehicle operator's license, which order of suspension was issued by the appellant commissioner of law enforcement. The reason given in the order for the ninety day suspension was "You have been convicted of DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR."

On August 5, 1967 Valente was arrested...

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