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MATTER OF KAPPELMAN

No. 16720.

754 P.2d 449 (1988)

114 Idaho 136

In the Matter of the Suspension of the Driver's License of Steven E. KAPPELMAN. STATE of Idaho, Plaintiff-Respondent, v. Steven E. KAPPELMAN, Defendant-Appellant.

Court of Appeals of Idaho.

April 19, 1988.

Attorney(s) appearing for the Case

Gary H. Lew, Nampa, for defendant-appellant.

Jim Jones, Atty. Gen., Myrna A.I. Stahman, Deputy Atty. Gen., for plaintiff-respondent.

SWANSTROM, Judge.

After being arrested by a state patrol-man for driving under the influence, Steven Kappelman refused to take a blood alcohol test. Pursuant to a statute and rule, Kappelman's license was seized by the arresting officer pending suspension. At the conclusion of a hearing on the seizure, a magistrate suspended the license for 120 days. Kappelman appealed to the district court, where the order of suspension was affirmed. A second appeal has been taken...

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