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STATE v. WARD

No. 25805.

17 P.3d 901 (2001)

135 Idaho 400

STATE of Idaho, Plaintiff-Appellant, v. Lawrence L. WARD, Defendant-Respondent.

Court of Appeals of Idaho.

January 16, 2001.

Attorney(s) appearing for the Case

Hon. Alan G. Lance, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for appellant. Kenneth K. Jorgensen argued.

Racine, Olson, Nye, Budge Bailey, Pocatello, for respondent. Mitchell W. Brown argued.

PERRY, Judge.

The state appeals from the district court's order on appeal from the magistrate division, affirming in part and reversing in part, a judgment of conviction for driving under the influence. For the reasons set forth below, we affirm in part, reverse in part, and remand.

I.

BACKGROUND

On January 24, 1998, Lawrence L. Ward was stopped by a Montpelier city police officer because the trailer Ward was towing had no license plate...

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