278 P.3d 439
Idaho Ct. App.2012Background
- Peck was stopped for speeding in Sandpoint, Idaho; officer detected alcohol odor and Peck refused SFSTs, was arrested for DUI; a breath test yielded .089 then reconfirmed as .083/.086 after a second 15-minute observation period; Peck held a CDL and the CDL was seized with a license-suspension notice under ITD authority.
- Peck requested an administrative hearing on the suspension; ITD scheduled and rescheduled the hearing dates due to conflicts; a telephonic hearing was held on December 29, 2009, where Peck challenged the suspension on five grounds.
- The ITD hearing officer upheld the license suspension; Peck sought judicial review, which the district court denied and reaffirmed; Peck appeals to the Idaho Court of Appeals.
- The ALS statute requires suspension for BAC failure and sets a 90-day first suspension or 1-year subsequent suspensions; the official hearing burden rests on Peck to show grounds to vacate under I.C. § 18-8002A(7).
- The court reviews agency findings de novo for legal error and defers to agency factual determinations supported by substantial evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Notice and procedure of the hearing | Peck argues the hearing was not properly noticed or held within statute. | State: Peck participated and no substantial rights were prejudiced; notice extended within permissible period. | No reversible error; no prejudice shown; timing within twenty days extension permissible. |
| Due process - notice of consequences | Peck claims advisory form failed to inform of CDL disqualification consequences. | Disqualification procedures under Title 49 are separate; advisory form satisfied 18-8002A; due process not violated. | Procedural due process not violated; separate CDL disqualification not reviewable here. |
| Credibility of affidavit and test results | Affidavit and BAC results lack credibility (location, variability, contradictions). | Agency credibility determinations upheld; evidence substantial and competent. | Agency credibility findings sustained; not clearly erroneous. |
| Probable cause for traffic stop | Officer lacked legal cause to stop Peck for speeding; statute interpretation pending. | City authority to lower speed limit within jurisdiction; 35 mph posted and Peck admitted 45 mph; proper stop. | Arresting officer had legal cause; stop supported by statutory authority. |
| Compliance with BAC procedures | Affidavit insufficient to prove proper 15-minute observation; possible belch timing issues. | Hearing officer weighed conflicting evidence; affidavit corroborated by narrative observations; procedure followed. | Procedural compliance affirmed; credibility weighed in favor of State. |
Key Cases Cited
- Kane v. Dep't of Transp., 139 Idaho 586 (Ct.App.2003) (burden on driver to prove grounds to vacate; substantial evidence standard)
- Wanner v. Dep't of Transp., 150 Idaho 164 (2011) (separate review of CDL disqualification; exhaustion of remedies for CDL under Title 49)
- Buell v. Idaho Dep't of Transp., 151 Idaho 257 (Ct.App.2011) ( CDL disqualification notice not required in 18-8002A review; presumed knowledge of CDL rules)
- Bennett v. Dep't of Transp., 147 Idaho 141 (Ct.App.2009) (random breath test procedure; use of general statements vs. specific credibility in affidavits)
- In re McNeely, 119 Idaho 182 (Ct.App.1990) (due process related to license suspension)