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THOMPSON v. STATE

No. 28270.

65 P.3d 534 (2003)

138 Idaho 512

In the Matter of the Driver's License Suspension of Kevin Thompson. Kevin THOMPSON, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Court of Appeals of Idaho.

March 5, 2003.

Attorney(s) appearing for the Case

Randy J. Stoker, Chtd., Twin Falls, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.

LANSING, Chief Judge.

Kevin Thompson appeals from a driver's license suspension arising from his refusal to submit to a breath test following his arrest for driving under the influence. He asserts that the magistrate erred in suspending his driving privileges because the record did not support a finding that the arresting officer had legal cause to request that Thompson take a breath test. He also alleges that his due process rights were violated because he was not...

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