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ELIAS-CRUZ v. IDAHO DEPT. OF TRANSP.

No. 39425-2011.

280 P.3d 703 (2012)

Alma A. ELIAS-CRUZ, Plaintiff-Respondent, v. IDAHO DEPARTMENT OF TRANSPORTATION, Defendant-Appellant.

Supreme Court of Idaho, Boise, June 2012 Term.

June 29, 2012.

Attorney(s) appearing for the Case

Edwin L. Litteneker , Lewiston, argued for appellant.

Catherine Enright , Moscow, argued for respondent.

EISMANN, Justice.

This is an appeal from a decision of a district court holding that in a hearing regarding an administrative license suspension pursuant to Idaho Code section 18-8002A, the hearing officer must consider the margin of error of the breath testing machine when determining whether the test results support suspension. We reverse the judgment of the district court.

I.

Factual Background.

On October 21, 2010, at approximately...

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