MATTER OF VON KROSIGK

No. 17378.

777 P.2d 742 (1989)

116 Idaho 520

In the Matter of the Suspension of the Driver's License of Robert L. VON KROSIGK. Robert L. VON KROSIGK, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Court of Appeals of Idaho.

August 2, 1989.


Attorney(s) appearing for the Case

William J. Brauner, Brauner, Meredith & Coffel, P.A., Caldwell, for petitioner-appellant.

Jim Jones, Atty. Gen., by Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for respondent.


PER CURIAM

This is a driver's license suspension case. The dispositive question is whether a magistrate loses jurisdiction over the suspension proceedings if a hearing is not conducted within a time provided by statute. For reasons explained below, we hold that the statutory time frame is not jurisdictional.

The background facts are undisputed. In June, 1987, while operating a motor vehicle on a public highway, Robert...

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