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Peck v. State, Department of Transportation

Court of Appeals of Idaho

February 21, 2014

RAYMOND SCOTT PECK, Petitioner-Appellant,
v.
STATE OF IDAHO, DEPARTMENT OF TRANSPORTATION, Respondent

2014 Opinion No. 15

Appeal from the District Court of the First Judicial District, State of Idaho, Bonner County. Hon. Jeff M. Brudie, District Judge.

Order of the district court affirming the disqualification of commercial driver's license, affirmed.

Finney Finney & Finney, P.A.; John A. Finney, Sandpoint, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Susan K. Servick, Special Deputy Attorney General, Coeur d'Alene, for respondent.

GRATTON, Judge. Chief Judge GUTIERREZ and Judge MELANSON CONCUR.

OPINION

Page 1272

[156 Idaho 113] GRATTON, Judge

Raymond Scott Peck appeals from the district court's decision, upon judicial review, affirming the Idaho Transportation Department's order suspending Peck's commercial driver's license (CDL). We affirm.

I.

FACTUAL AND PROCEDURAL BACKGROUND

The facts leading to the suspension of Peck's CDL are summarized in the appeal from his administrative license suspension (ALS), Peck v. State, Dep't of Transp., 153 Idaho 37, 278 P.3d 439 (Ct. App. 2012):

A police officer stopped Peck on December 2, 2009, for speeding in an area within the city limits of Sandpoint, Idaho. The officer detected an odor of alcohol and other signs of alcohol use upon contact with Peck. Peck refused to participate in

Page 1273

[156 Idaho 114] field sobriety tests, and thereafter, the officer arrested Peck on suspicion of driving under the influence (DUI). At the police station, after a fifteen-minute observation period, the officer administered a breathalyzer test to determine Peck's blood alcohol concentration (BAC test), which produced results of .089/xxx. Because of the invalid BAC test result on the second breath sample, Peck gave a second set of samples after another fifteen-minute observation period, producing results of .083/.086. Based on the second BAC test results showing a violation of Idaho Code ยง 18-8004, the officer issued Peck a notice of suspension of his driver's license and a temporary non-commercial driving permit. Peck was not operating a ...

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