STATE v. FERREIRA

No. 24882.

988 P.2d 700 (1999)

133 Idaho 474

STATE of Idaho, Plaintiff-Respondent, v. Carlo FERREIRA, Defendant-Appellant.

Court of Appeals of Idaho.

As Amended November 15, 1999.

Review Denied November 16, 1999.


Attorney(s) appearing for the Case

Nevin, Herzfeld & Benjamin, Boise, for appellant. Dennis A. Benjamin argued.

Hon. Alan G. Lance, Attorney General; Alison A. Stieglitz, Deputy Attorney General, Boise, for respondent. Alison A. Stieglitz argued.


PERRY, Chief Judge.

Carlo Ferreira appeals from the district court's decision affirming the magistrate's order suspending Ferreira's driver's license for refusal to submit to a breath test. I.C. § 18-8002(4). For the reasons set forth below, we affirm.

I.

BACKGROUND

On August 31, 1997, at approximately 1:12 a.m., a Garden City police officer observed a vehicle traveling in excess of the posted 35 mph speed limit. The officer visually...

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