Virgil v. State

WALTERS, Chief Judge.

This is a civil appeal from a district court order affirming a magistrate’s suspension of Michael Virgil’s driver’s license for failure to submit to an evidentiary breath test. Virgil argues that the license suspension notice used by the city of Twin Falls did not conform to Idaho’s implied consent statute, I.C. § 18-8002. We agree and reverse the magistrate’s suspension order.

FACTS AND PROCEDURAL BACKGROUND

On February 13, 1994, Officer Mark Marvin of the Twin Falls Police Department stopped Virgil after observing him driving at 1:28 a.m. with his headlights off and…