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249 P.3d 880
Idaho Ct. App.
2011
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Background

  • Cunningham was arrested for DUI and taken to jail for a BAC test; before testing, he received a written advisory and heard a recording outlining consequences of refusal under Idaho law.
  • During questioning, the officer repeatedly stated incorrect consequences, including immediate, unconditional license suspension for refusal and that an independent test could only occur after bonding out.
  • Cunningham refused the BAC test; the officer seized his license, issued a temporary permit, and Cunningham requested a show-cause hearing within seven days.
  • The magistrate found the officer’s statements regarding the consequences were incorrect and reinstated Cunningham’s license; the district court reversed and suspended the license.
  • On appeal, the Idaho Court of Appeals held that the officer’s incorrect statements rendered the advisory incomplete under I.C. § 18-8002(3) and vacated the suspension, reinstating Cunningham’s license.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether officer’s incorrect advisories void the statutory warning Cunningham State Yes; incorrect statements rendered advisory incomplete
Whether Griffiths fifth ground applies when advisory is later supplemented Cunningham State Yes; officer errors can sustain Griffiths ground despite complete advisory
Whether Kling controls over Head/Griffiths regarding causation of the refusal Cunningham State Yes; officer failure to fully inform constitutes ground for relief
Whether the district court erred in suspending license despite magistrate’s finding Cunningham State Yes; reversal vacates suspension and reinstates license

Key Cases Cited

  • In re Griffiths, 113 Idaho 364 (Idaho Supreme Court 1987) (set forth Griffiths grounds for reinstatement under I.C. § 18-8002)
  • In re Beem, 119 Idaho 289 (Ct. App. 1991) (strict adherence to statutory language; erroneous advisory may fail grounds)
  • In re Virgil, 126 Idaho 946 (Ct. App. 1995) (reaffirmed need for accurate advising; warnings must conform to statute)
  • Kling, 150 Idaho 188 (Ct. App. 2010) (holds officer’s incorrect advisory information renders advisory incomplete; cannot rewrite Griffiths grounds)
  • Head, 137 Idaho 1 (Idaho Supreme Court 2002) (cannot expand Griffiths grounds to include erroneous advising regarding consequences)
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Case Details

Case Name: Cunningham v. State
Court Name: Idaho Court of Appeals
Date Published: Feb 2, 2011
Citations: 249 P.3d 880; 150 Idaho 687; 37553
Docket Number: 37553
Court Abbreviation: Idaho Ct. App.
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