Hern v. Idaho Transportation Department

GRATTON, Judge.

Gary Aexander Hern appeals from the district court’s decision, upon judicial review, affirming the Idaho Transportation Department’s (ITD) order suspending his driver’s license. Hern challenges the validity of the standard operating procedures (SOPs) for breath testing and argues the hearing procedures deprived him of due process and the hearing officer violated his equal protection rights. We reverse the district court’s decision affirming the hearing officer’s decision and vacate Hern’s license suspension.

I

FACTUAL AND PROCEDURAL BACKGROUND

On April 5, 2013, an officer arrested…