MATTER OF VIRGIL

No. 21437.

895 P.2d 182 (1995)

126 Idaho 946

In the Matter of the Driver's License Suspension of Michael S. VIRGIL, DL OR SSN XXXX-XX-8913. Michael S. VIRGIL, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Court of Appeals of Idaho.

Petition for Review Denied June 6, 1995.


Attorney(s) appearing for the Case

Jeff R. Stoker, Twin Falls, for appellant.

Alan G. Lance, Atty. Gen. and Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for respondent.


WALTERS, Chief Judge.

This is a civil appeal from a district court order affirming a magistrate's suspension of Michael Virgil's driver's license for failure to submit to an evidentiary breath test. Virgil argues that the license suspension notice used by the city of Twin Falls did not conform to Idaho's implied consent statute, I.C. § 18-8002. We agree and reverse the magistrate's suspension order.

FACTS AND PROCEDURAL BACKGROUND

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