IN RE SUSPENSION OF DRIVER'S LICENSE

No. 31840.

155 P.3d 1176 (2006)

In the Matter of the SUSPENSION OF THE DRIVER'S LICENSE OF MARVIN GIBBAR. State of Idaho, Department of Transportation, Plaintiff-Respondent, v. Marvin Gibbar, Defendant-Appellant.

Court of Appeals of Idaho.

Review Denied April 12, 2007.


Attorney(s) appearing for the Case

Clark & Feeney, Lewiston, for appellant. Charles Stroschein argued.

Hon. Lawrence G. Wasden, Attorney General; Edwin L. Litteneker, Special Deputy Attorney General, Lewiston, for respondent. Edwin L. Litteneker argued.


PERRY, Chief Judge.

Marvin Gibbar appeals from the district court's decision upon judicial review affirming the Idaho Transportation Department's order suspending Gibbar's driver's license after he failed a blood alcohol concentration test. We affirm.

I.

FACTS AND PROCEDURE

On July 14, 2004, Gibbar was sitting in his pickup in a grocery store parking lot. As a Clearwater County Sheriff's Deputy walked past the pickup, Gibbar waved to the...

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