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KANE v. STATE, DEPT. OF TRANSP.

No. 29103.

83 P.3d 130 (2003)

139 Idaho 586

In the Matter of the Driving Privileges of Michael Peter Kane. Michael Peter KANE, Petitioner-Appellant, v. STATE of Idaho, DEPARTMENT OF TRANSPORTATION, Respondent.

Court of Appeals of Idaho.

Review Denied January 16, 2004.

Attorney(s) appearing for the Case

Clark Feeney, Lewiston, for appellant. Douglas Lynn Mushlitz argued.

Hon. Lawrence G. Wasden, Attorney General; Edwin Lee Litteneker, Deputy Attorney General, Boise, for respondent. Edwin Lee Litteneker argued.

LANSING, Chief Judge.

Michael Peter Kane appeals from a judgment of the district court which affirmed an administrative hearing officer's determination that the Idaho Transportation Department (ITD) had properly suspended Kane's driver's license. The appeal draws into question the proper interpretation and application of Idaho statutes that authorize the suspension of a driver's license by the ITD when the license holder has failed an alcohol concentration test.<...

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