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MATTER OF GOERIG

No. 18709.

822 P.2d 545 (1991)

121 Idaho 26

In the Matter of the Suspension of the Driver's License of James M. GOERIG. James M. GOERIG, Petitioner-Respondent, v. STATE of Idaho, Respondent-Appellant.

Court of Appeals of Idaho.

Petition for Review Denied January 24, 1992.

Attorney(s) appearing for the Case

Larry J. EchoHawk, Atty. Gen., Myrna A.I. Stahman, Deputy Atty. Gen. (argued), Boise, for respondent-appellant.

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

SILAK, Judge.

James Goerig was arrested for driving under the influence of alcohol, I.C. § 18-8004. He agreed to take a breathalyzer test on the condition that the police administering the test remove his handcuffs. The police refused and Goerig did not take the test. The issue presented on appeal is whether Goerig's conditional consent to take a test to determine blood alcohol content should be considered to be a refusal for the purpose of determining whether...

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