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STATE v. TIERNEY

No. 15449.

708 P.2d 879 (1985)

109 Idaho 474

STATE of Idaho, Plaintiff-Respondent, v. Richard A. TIERNEY, Jr., Defendant-Appellant.

Supreme Court of Idaho.

September 23, 1985.

Attorney(s) appearing for the Case

Darrel W. Aherin, Lewiston, for defendant-appellant.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., and Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for plaintiff-respondent.

BAKES, Justice.

Richard A. Tierney appeals from a district court order affirming the suspension of his driver's license. Tierney's driver's license was suspended after Tierney refused to take the alcohol concentration test required by I.C. § 49-352.1 The version of I.C. § 49-352 at issue here was repealed in 1984.

In the early morning hours of September 8, 1983, Tierney was stopped...

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