Kane v. State, Department of Transportation

LANSING, Chief Judge.

Michael Peter Kane appeals from a judgment of the district court which affirmed an administrative hearing officer’s determination that the Idaho Transportation Department (ITD) had properly suspended Kane’s driver’s license. The appeal draws into question the proper interpretation and application of Idaho statutes that authorize the suspension of a driver’s license by the ITD when the license holder has failed an alcohol concentration test.

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THE STATUTORY FRAMEWORK

The statutory scheme in question provides that when a driver has failed a test administered by a law…