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[Download] "State Idaho v. Donald R. Breed" by Court of Appeals of Idaho * eBook PDF Kindle ePub Free

State Idaho v. Donald R. Breed

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eBook details

  • Title: State Idaho v. Donald R. Breed
  • Author : Court of Appeals of Idaho
  • Release Date : January 08, 1986
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

This appeal poses an equal protection challenge to Idaho statutes authorizing suspension of driving privileges. Idaho Code § 18-8002 provides that if a motorist refuses a lawful request to take a blood-alcohol test, his driving privileges must be suspended for 120 days. Idaho Code § 18-8005 provides that if a motorist is convicted of driving under the influence of alcohol, his driving privileges will be suspended for a period determined by the court; however, the court is authorized to permit limited driving for employment or family health needs during such suspension. Today we are asked to decide whether the constitutional guaranty of equal protection is offended by allowing a person convicted of DUI to receive limited driving privileges that are unavailable to a motorist who refuses the blood-alcohol test. For reasons explained below, we believe the statutes in question may present problems of interpretation, but we do not find them to be constitutionally infirm.


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