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MATTER OF NOWOJ

No. 17397.

764 P.2d 111 (1988)

In the Matter of the Suspension of the Driver's License of Debra J. NOWOJ, DL/SS # XXXX-XX-1281. Debra J. NOWOJ, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Court of Appeals of Idaho.

Petition for Review Denied December 30, 1988

Attorney(s) appearing for the Case

Frederick G. Loats, Coeur d'Alene, for petitioner-appellant.

Jim Jones, Atty. Gen., Peter C. Erbland, Deputy Atty. Gen., Boise, for respondent.

WALTERS, Chief Judge.

Debra Nowoj appeals from a district court's decision upholding a magistrate's order suspending her driver's license pursuant to Idaho's implied consent statute, I.C. § 18-8002. She presents the following issues: (1) whether the court erred in finding Nowoj did not meet her burden of proof at the hearing; (2) whether I.C. § 18-8002 violates due process because it places the burden of proof on the licensee in a license suspension proceeding...

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