(Download) "Warner C. Mills v. Carole J. Swanson" by Supreme Court of Idaho No. 10337 ~ Book PDF Kindle ePub Free
eBook details
- Title: Warner C. Mills v. Carole J. Swanson
- Author : Supreme Court of Idaho No. 10337
- Release Date : January 30, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
On November 29, 1967, the respondent Carole J. Swanson, was involved in a one-car accident at the intersection of Troy Road
and Harrison Street in the City of Moscow. Two officers of the Moscow Police Department helped the respondent from her automobile
and upon observing her manner of speech and the smell of intoxicants on her breath, placed her under arrest for driving while
under the influence of alcohol. Respondent was driven to the police station where the two officers requested several times
that she submit to a chemical test for the purpose of determining the alcohol content in her blood. Respondent remained silent.
The officers interpreted her silence and general attitude as a refusal to submit to the test. At the time of her arrest respondent
was bleeding, had lost numerous teeth, had sustained head injuries and a fracture of the periosteum. She was conscious but
could have been dazed in the opinion of the arresting officer. One of the officers made a sworn affidavit and filed a complaint
with the Department of Law Enforcement stating that the respondent had refused to submit to a chemical test of her blood. On December 14, 1967, the Commissioner of Law Enforcement sent respondent an Order and Notice of Pending Suspension of her
license to drive for refusal to submit herself to a chemical test of her blood pursuant to I.C. § 49-352. At respondent's
request an administrative hearing was held on January 18, 1968 in Moscow, resulting in a finding that respondent had refused
to submit to the test and an Order was issued suspending her license for a period of 90 days. On March 1, 1968 respondent
filed in the district court for a review pursuant to I.C. § 67-5215 (limited review) of the determination made by
the administrative agency. However the district court treated the appeal as if it were brought pursuant to I.C. §
49-334 (de novo hearing).
 "Warner C. Mills v. Carole J. Swanson" by Supreme Court of Idaho No. 10337 ~ Book PDF Kindle ePub Free){kind=link}