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GIFFORD v. STATE

No. 20004.

850 P.2d 207 (1993)

123 Idaho 558

In the Matter of the Suspension of the Driver's License of Patrick Gifford. Patrick GIFFORD, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Court of Appeals of Idaho.

March 29, 1993.

Attorney(s) appearing for the Case

Mark A. Ingram, Burley, for appellant.

Larry EchoHawk, Atty. Gen., Douglas A. Werth, Deputy Atty. Gen., Boise, for respondent.

This Court's prior opinion dated March 8, 1993, is hereby withdrawn.

SUBSTITUTE OPINION

WALTERS, Chief Judge.

Patrick Gifford's driver's license was seized by a police officer after he refused to take an evidentiary test to measure his alcohol concentration. Pursuant to I.C. § 18-8002(4), Gifford requested a hearing to show cause why his license should be returned. Following the hearing, the magistrate determined that Gifford's driving privileges...

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