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WHEELER v. IDAHO TRANSP. DEPT.

No. 35839.

223 P.3d 761 (2009)

David Oliver WHEELER, Petitioner-Appellant, v. The IDAHO TRANSPORTATION DEPARTMENT, a governmental agency of the State of Idaho, Respondent.

Court of Appeals of Idaho.

Review Denied January 26, 2010.

Attorney(s) appearing for the Case

Vernon K. Smith, Jr., Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Michael J. Kane, Special Deputy Attorney General, Boise, for respondent. Michael J. Kane argued.

PERRY, Judge Pro Tem.

David Oliver Wheeler appeals from the district court's decision upon judicial review affirming the Idaho Transportation Department's order suspending Wheeler's driver's license for failing a blood alcohol concentration test. For the reasons set forth below, we affirm.

I.

FACTS AND PROCEDURE

A police officer stopped Wheeler's vehicle after he observed it swerve across the center line and back into a turn lane. The officer...

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