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IN RE KIMBLEY

No. 39829.

302 P.3d 1072 (2013)

In the Matter Of The Driver's License Suspension Of Karen Ann KIMBLEY. Karen Ann Kimbley, Petitioner-Respondent, v. State Of Idaho, Transportation Department, Respondent-Appellant.

Court of Appeals of Idaho.

June 4, 2013.

Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden , Attorney General; Edwin L. Litteneker , Special Deputy Attorney General, Lewiston, for appellant. Edwin L. Litteneker argued.

McCormick & Rokyta, PLLC, Moscow for respondent. Deborah Lynn McCormick argued.

GRATTON, Judge.

The Idaho Transportation Department (ITD) appeals from the district court's order vacating the hearing officer's decision to sustain the suspension of Karen Ann Kimbley's driver's license. ITD claims the district court erred by determining the hearing officer's decision was not supported by substantial and competent evidence in the record. ITD specifically argues the hearing officer correctly found that Kimbley, prior to submitting a breath test, was...

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