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STATE v. KLING

No. 37322.

245 P.3d 499 (2010)

In the Matter of the Driver's License Suspension of Matilda K. Kling. STATE of Idaho, Plaintiff-Appellant-Cross-Respondent, v. Matilda K. KLING, Defendant-Respondent-Cross-Appellant.

Court of Appeals of Idaho.

December 14, 2010.

Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden , Attorney General; Kenneth K. Jorgensen , Deputy Attorney General, Boise, for appellant. Kenneth K. Jorgensen argued.

Brian E. Elkins , Ketchum, for respondent.

LANSING, Chief Judge.

The State appeals from the district court's appellate decision affirming the magistrate's order declining to suspend the nonresident driver's license of Matilda K. Kling for Kling's refusal to submit to an alcohol concentration test.

I.

FACTS AND PROCEDURE

Kling, who held a Washington state driver's license, was arrested for driving under the influence of alcohol in Blaine County. When asked by the officer to perform...

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