Opinion No. 74
from the District Court of the Second Judicial District,
State of Idaho, Nez Perce County. Hon. Jeff M. Brudie,
of the district court on intermediate appeal vacating
driver's license suspension, reversed and case remanded.
Lawrence G. Wasden, Attorney General; Edwin L. Litteneker,
Special Deputy Attorney General, Lewiston, for appellant.
Blewett Mushlitz LLP; Jonathan D. Hally, Lewiston, for
Idaho Transportation Department (ITD) appeals from the
district court's order vacating the hearing officer's
decision to sustain the suspension of Craig William
Hawkins' driver's license. The ITD contends the
district court erred in determining that the procedure
utilized by the ITD violated Hawkins' constitutional
right to procedural due process. We reverse the decision of
the district court and remand.
AND PROCEDURAL BACKGROUND
officer stopped a vehicle driven by Hawkins after observing
that the vehicle's windshield was cracked. During the
course of the stop, the officer came to suspect that Hawkins
may be driving under the influence. The officer requested
that Hawkins participate in field sobriety tests, which
Hawkins refused. Hawkins was then transported to the county
jail where he submitted two blood alcohol concentration (BAC)
breath samples measuring at 0.168 and 0.161. The ITD then
administratively suspended Hawkins' license, pursuant to
Idaho Code § 18-8002A, based upon his failure of
filed a timely request for an administrative hearing to
contest his license suspension. As part of that request, he
asked the court to issue subpoenas for the production of the
BAC instrument logs and calibration records and all audio and
video recordings of the stop, detention, arrest, and
administration of the breath test.
April 23, 2015, the hearing officer issued a notice for a
telephonic hearing to be held on May 4, 2015. On the same
date, the hearing officer also issued two subpoenas duces
tecum to the Lewiston Police Department requiring production
of the requested evidence. Both subpoenas had compliance
dates of May 5, 2015, one day after the scheduled hearing
date. The subpoenas also specified that the evidence was to
be sent via U.S. Mail to the ITD office in Boise, not to
Hawkins or his attorney in Lewiston. On May 1, 2015, the ITD
received a DVD from the Lewiston Police Department and mailed
it to Hawkins on the same day.
telephonic hearing was held on May 4, 2015. At this hearing,
Hawkins argued his license suspension should be vacated on
several statutory grounds, as required by and set forth in
I.C. § 18-8002A(7). During the hearing, Hawkins objected
to not having received the subpoenaed video recording of the
arrest prior to the hearing.
sustaining the administrative license suspension, the hearing
officer found that the ITD's failure to provide Hawkins
with the video recording prior to the hearing did not violate
his right to due process, nor did it provide grounds for
vacating the suspension. The hearing officer concluded that
Hawkins failed to meet his burden of ...