Herrmann v. State, Idaho Transportation Department

The Idaho Transportation Department (ITD) appeals from the district court’s decision setting aside ITD’s denial of Jesse Leroy Herrmann’s request for an administrative license suspension hearing. ITD determined that Herrmann’s request was untimely. We affirm the district court’s determination that the request was timely.

I

FACTUAL AND PROCEDURAL BACKGROUND

Hermann failed an evidentiary breath test on Sunday, December 6, 2016, and was arrested and charged with driving under the influence of alcohol. Herrmann was served with a notice of suspension for failure of evidentiary testing, advising him…