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WANNER v. STATE, DEPT. OF TRANSP.

No. 37059.

244 P.3d 1250 (2011)

In the Matter of the License Suspension of Steven M. Wanner. Steven M. WANNER, Petitioner-Respondent, v. STATE of Idaho, DEPARTMENT OF TRANSPORTATION, Respondent-Appellant.

Supreme Court of Idaho, Pocatello, September 2010 Term.

January 3, 2011.

Attorney(s) appearing for the Case

Racine, Olson, Nye, Budge & Bailey, Chartered, Pocatello, for appellant. Stephen J. Muhonen argued.

May, Rammell & Thompson, Chtd., Pocatello, for respondent. Aaron Thompson argued.

HORTON, Justice.

Steve Wanner (Wanner) was arrested on suspicion of driving under the influence and the results of his breath tests were over the legal limit. Based upon Wanner's failure of this evidentiary test, the officer provided him a form captioned as "Notice of Suspension" (the Notice or Notice of Suspension) provided by the Idaho Department of Transportation (IDOT). Wanner then requested an administrative hearing, although this request was not made within...

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