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STATE v. HAYES

No. 15117.

700 P.2d 959 (1985)

STATE of Idaho, Plaintiff-Respondent, v. Linda Belle HAYES, Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Denied July 26, 1985.

Attorney(s) appearing for the Case

John S. McKinney, Salmon, for defendant-appellant.

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

SWANSTROM, Judge.

Linda Belle Hayes was charged with driving under the influence of alcohol, I.C. § 49-1102. Following trial, the magistrate dismissed the charge under I.C.R. 48 "in the interest of justice" because the arresting officers, by failing to administer a blood-alcohol test, acted in an arbitrary manner "which did effectively violate the Defendant's right to equal protection under the law." The state appealed and the district court reversed, holding...

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