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REISENAUER v. STATE, DEPT. OF TRANSP.

No. 33678.

188 P.3d 890 (2008)

In the Matter of the Driver's License Suspension of Kyle J. Reisenauer. Kyle J. REISENAUER, Petitioner-Respondent, v. STATE of Idaho, DEPARTMENT OF TRANSPORTATION, Respondent-Appellant.

Supreme Court of Idaho, Boise, April 2008 Term.

June 12, 2008.

Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden, Attorney General, Boise. for appellant. Edwin L. Litteneker argued.

University of Idaho, Legal Aid Clinic, Moscow, for respondent. Jason Wing and Jason Flaig argued.

W. JONES, Justice.

I. STATEMENT OF THE FACTS AND PROCEDURE

On February 26, 2006, Kyle J. Reisenauer drove to the 6th and Main intersection in Moscow. Officer Dustin Blaker pulled over Reisenauer and observed that Reisenauer's eyes were red and that his vehicle emitted "the odor of burnt marijuana." Officer Blaker then instructed Reisenauer to perform several field sobriety evaluations and Reisenauer subsequently was arrested for driving under the influence...

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