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IN RE DRIVER'S LICENSE SUSPENSION OF HEAD

No. 24895.

34 P.3d 1092 (2000)

136 Idaho 409

In the Matter of the DRIVER'S LICENSE SUSPENSION OF Brian E. HEAD. Brian E. Head, Petitioner-Appellant, v. State of Idaho, Respondent.

Court of Appeals of Idaho.

Review Granted February 14, 2001.

Attorney(s) appearing for the Case

Siebe Law Office, Moscow, for appellant. James E. Siebe argued.

Hon. Alan G. Lance, Attorney General; Rebekah A. Cude, Deputy Attorney General, Boise, for respondent. Rebekah A. Cude argued.

PERRY, Chief Judge.

Brian E. Head appeals from the district court's order affirming the magistrate's suspension of Head's driver's license for 180 days for failure to submit to an evidentiary blood alcohol concentration test (BAC). I.C. § 18-8002. We reverse.

I.

BACKGROUND

In the early morning hours of November 1, 1997, Head was the sole person found at the scene of a single-vehicle accident. Head was extricated from the vehicle, treated...

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