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BENNETT v. STATE, DEPT. OF TRANSP.

No. 35150.

206 P.3d 505 (2009)

Stacie Dawn BENNETT, Plaintiff-Respondent, v. STATE of Idaho, DEPARTMENT OF TRANSPORTATION, Plaintiff-Respondent.

Court of Appeals of Idaho.

April 2, 2009.

Attorney(s) appearing for the Case

Edwin L. Litteneker, Special Deputy Attorney General, Lewiston, for appellant. Edwin L. Litteneker argued.

Clark and Feeney, Lewiston, for respondent. Paul T. Clark argued.

GRATTON, Judge.

The Idaho Transportation Department appeals from the district court's memorandum decision and order, upon judicial review, reversing the Idaho Transportation Department's order suspending Stacie Dawn Bennett's driver's license. We affirm.

I.

FACTS AND PROCEDURAL BACKGROUND

Bennett was charged with driving under the influence. Idaho Code § 18-8004. A breath alcohol test, using an Intoxilyzer 5000, showed a blood alcohol...

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