Brink v. State

McDEVITT, Justice.

This is an appeal from the district court’s affirmance of the magistrate court in a drunk driving case. The magistrate held that under' I.C. § 18-8002, Brink’s license, which had been suspended because he refused to submit to an evidentiary test, had to be returned to him because the police did not have probable cause to stop him.

FACTS

In the early morning hours of June 5, 1988, Trooper Tiller passed a twenty-year-old van on Highway 75, somewhere between Hailey and Ketchum. Trooper Tiller noticed that the van was going slower than the posted speed limit and suspected a pos:…