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MATTER OF VOGT

No. 17692.

789 P.2d 1136 (1990)

117 Idaho 545

In the Matter of the Suspension of the Driver's License of Mark Alan VOGT. Mark Alan VOGT, Petitioner-Respondent-Respondent on Appeal, v. STATE of Idaho, Respondent-Appellant-Appellant on Appeal.

Supreme Court of Idaho.

March 28, 1990.

Attorney(s) appearing for the Case

Jim Jones, Atty. Gen., Myrna A.I. Stahman (argued), Deputy Atty. Gen., Boise, for respondent-appellant.

Mark Alan Vogt, Bellevue, pro se, petitioner-respondent.

McDEVITT, Justice.

Respondent Vogt, Dempsey Wade and Rick (last name unknown), the owner of the vehicle in question, were out drinking on the night of March 11, 1988. When they left the bar, Wade took control of the vehicle from Rick, because he felt that both Rick and Vogt were too intoxicated to drive. Wade drove the vehicle, an older Studebaker truck, Vogt was in the middle, and Rick sat on the far right. During the drive both passengers either fell asleep or passed...

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