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STATE v. JACOBSON

No. 36257.

244 P.3d 630 (2010)

STATE of Idaho, Plaintiff-Respondent, v. Dan S. JACOBSON, Defendant-Appellant.

Court of Appeals of Idaho.

December 21, 2010.

Attorney(s) appearing for the Case

Fred R. Palmer , Sandpoint, for appellant. Fred R. Palmer argued.

Hon. Lawrence G. Wasden , Attorney General; Mark W. Olson , Deputy Attorney General, Boise, for respondent. Mark W. Olson argued.

GRATTON, Judge.

This is an appeal from the district court's order affirming the magistrate's denial of a motion to suppress and a motion to dismiss. We affirm.

I.

FACTUAL AND PROCEDURAL BACKGROUND

Jacobson was arrested for misdemeanor driving under the influence of alcohol (DUI), Idaho Code § 18-8004. He was transported to the jail, read the statutory advisory form, and asked to take a breath test which he failed. Jacobson ostensibly...

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