Legal Opinion

Mason v. State, Dept. of Law Enforcement

Idaho Court of Appeals

Decided October 19, 1982No. 14377PublishedCited by 13 opinions

1Opinion of the Court

WALTERS, Chief Judge.

This is an appeal from an order of the district court upholding suspension of a driver’s license by the Department of Law Enforcement. The suspension was imposed pursuant to I.C. § 49-352, because the Department found that Mason had refused to submit to a blood-alcohol test after he was arrested for operating a motor vehicle while under the influence of intoxicating beverages. 1

On appeal, James Mason contends his arrest was illegal and therefore he could not be required to submit to the test. He also contends that the state failed to prove that he refused to take the…

2Cases cited4 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. United States v. CortezSupreme Court of the United States · 1981
  3. United States v. Brignoni-PonceSupreme Court of the United States · 1975
  4. Big Butte Ranch, Inc. v. GrasmickIdaho Supreme Court · 1966

3Cited by13 opinions

  1. State v. FerreiraIdaho Court of Appeals · 1999
  2. State v. FlowersIdaho Court of Appeals · 1998
  3. Matter of GriffithsIdaho Supreme Court · 1987
  4. State v. EmoryIdaho Court of Appeals · 1991
  5. Matter of ClaytonIdaho Supreme Court · 1988

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