Legal Opinion
Burton v. State, Department of Idaho
Idaho Court of Appeals
Decided September 13, 2010No. 36540PublishedCited by 5 opinions
1Opinion of the Court
LANSING, Chief Judge.
Britt Colleen Burton appeals from the district court’s decision affirming the administrative suspension of her driver’s license after a breath test disclosed that she had been driving with a breath alcohol content exceeding the legal limit. Burton argues on appeal that the stop of her vehicle (which led to the breath test) was unlawful because the traffic statute that she was deemed to have violated, Idaho Code § 49-808(1), is void for vagueness as applied to her. We hold that the statute is unconstitutionally vague as applied to Burton, and we therefore reverse the…
2Cases cited10 opinions
- Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
- Smith v. GoguenSupreme Court of the United States · 1974
- Winters v. New YorkSupreme Court of the United States · 1948
- State v. CobbIdaho Supreme Court · 1998
- Price v. PAYETTE CTY. BD. OF CTY. COM'RSIdaho Supreme Court · 1998
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3Cited by5 opinions
- State v. CookIdaho Supreme Court · 2019
- State v. Connor G. SpiesIdaho Court of Appeals · 2014
- United States of America v. Crim. Steven PotterDistrict Court, D. New Hampshire · 2022
- Burton v. State, Department of IdahoIdaho Court of Appeals · 2010
- State v. Gaylord Jay ColvinIdaho Court of Appeals · 2014