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  5. 785 P.2d 619 (1990)
 

MATTER OF BRINK

No. 17929.

785 P.2d 619 (1990)

117 Idaho 55

In the Matter of the Suspension of the Driver's License of Randy M. BRINK. Randy M. BRINK, Petitioner-Respondent Respondent on Appeal, v. STATE of Idaho, Respondent-Appellant Appellant on Appeal.

Supreme Court of Idaho.

January 12, 1990.

Attorney(s) appearing for the Case

Jim Jones, Atty. Gen., Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for appellant. Myrna A.I. Stahman argued.

Roark, Donovan, Praggastis & Phillips, Ketchum, for respondent. Kathleen E. Rivers argued.

McDEVITT, Justice.

This is an appeal from the district court's affirmance of the magistrate court in a drunk driving case. The magistrate held that under I.C. § 18-8002, Brink's license, which had been suspended because he refused to submit to an evidentiary test, had to be returned to him because the police did not have probable cause to stop him.

FACTS

In the early morning hours of June 5, 1988, Trooper Tiller passed a twenty-year-old van...

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