Legal Opinion

Kevin Richard Wernecke v. Idaho Transportation Department

Idaho Court of Appeals

Decided March 30, 2015No. 42040Published

1Opinion of the Court

GRATTON, Judge.

Kevin Richard Wernecke appeals from the district court’s decision upon judicial review affirming the Idaho Transportation Department’s order suspending his driver’s license. He asserts there was insufficient legal cause to stop him and to require a breath test. He also asserts that his single breath sample was insufficient to suspend his driver’s license pursuant to the Idaho State Police Standard Operating Procedures. We affirm.

I

FACTUAL AND PROCEDURAL BACKGROUND

Wernecke was stopped for driving left of the centerline for approximately half of a block. The officer who stopped…

2Cases cited17 opinions

  1. United States v. CortezSupreme Court of the United States · 1981
  2. Delaware v. ProuseSupreme Court of the United States · 1979
  3. State v. AtkinsonIdaho Court of Appeals · 1996
  4. State v. FodgeIdaho Supreme Court · 1992
  5. State v. FerreiraIdaho Court of Appeals · 1999

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