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MATTER OF HANSON

No. 19166.

826 P.2d 468 (1992)

121 Idaho 507

In the Matter of the Suspension of the Driver's license of scott HANSON. Scott HANSON, Petitioner-Respondent, v. STATE of Idaho, Respondent-Appellant.

Supreme Court of Idaho, Boise, November 1991 Term.

February 13, 1992.

Attorney(s) appearing for the Case

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

Roark, Donovan, Praggastis, Rivers & Phillips, Hailey, for petitioner-respondent. R. Keith Roark argued.

BAKES, Chief Justice.

The State filed a petition for review of a decision of the Court of Appeals which affirmed the magistrate court's refusal to suspend the petitioner's driver's license. The sole issue on appeal is whether the magistrate court erred in summarily terminating a driver's license suspension proceeding and returning the license to a driver on the ground that the court did not have jurisdiction to proceed because the affidavit filed by the officer was...

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