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McDANIEL v. STATE, DEPT. OF TRANSP.

No. 36744.

239 P.3d 36 (2010)

In the Matter of the Driver's License Suspension of Bryan Lee McDaniel. Bryan Lee McDANIEL, Petitioner-Appellant, v. STATE of Idaho, DEPARTMENT OF TRANSPORTATION, Respondent.

Court of Appeals of Idaho.

As Amended August 27, 2010.

Attorney(s) appearing for the Case

Richard L. Harris , Caldwell, for appellant.

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

GUTIERREZ, Judge.

Bryan Lee McDaniel appeals from the district court's order affirming the administrative suspension of his driver's license. Specifically, he argues that the hearing officer erred in not taking into consideration the margin of error in the breathalyzer. For the reasons set forth below, we affirm.

I.

BACKGROUND

Officer Shearn was dispatched to the area of Logan Street and Farmway Road in Canyon County in response to a report...

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