AUSMAN v. STATE

No. 19742.

864 P.2d 1126 (1993)

124 Idaho 839

In the Matter of the Suspension of the Driver's License of: Mark Earle Ausman, DL/SS # XXXX-XX-0422. Mark Earle AUSMAN, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Supreme Court of Idaho, Lewiston, May 1993 Term.

December 6, 1993.


Attorney(s) appearing for the Case

Clark & Feeney, Lewiston, for appellant. Douglas L. Mushlitz argued.

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


SILAK, Judge.

Mark Earle Ausman appeals from the district court's decision affirming the magistrate's denial of (1) his motion to vacate an order suspending his driving privileges, and (2) his untimely request for a hearing on his refusal to submit to the blood alcohol concentration ("BAC") test.

FACTS AND PROCEDURAL BACKGROUND

Ausman's driver's license was seized on March 29, 1991, when he allegedly refused to perform a BAC test after being stopped...

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