Head v. State

Because acquiescence in the practice of providing wholly inaccurate legal information to a motorist suspected of driving under the influence of intoxicants is unjust and conveys an inappropriate message to law enforcement, I respectfully dissent.

As noted by the majority, this Court, in Griffiths, listed specific statutory grounds upon which a defendant may challenge the suspension of his or her driving privileges, one of them being “that defendant was not advised of the information regarding refusal mandated by I.C. § 18-8002(3).” State v. Griffiths (In re Griffiths), 113 Idaho 364, 368, 744…