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IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 36540 BRITT COLLEEN BURTON, Petitioner-Appellant, v. STATE OF IDAHO, DEPARTMENT OF TRANSPORTATION, Respondent. ) ) ) ) ) ) ) ) ) ) )

2010 Opinion No. 63 Filed: September 13, 2010 Stephen W. Kenyon, Clerk

Appeal from the District Court of the First Judicial District, State of Idaho, Benewah County. Hon. Fred M. Gibler, District Judge. Decision of the district court affirming administrative suspension of driver's license, reversed. Siebe Law Offices, Moscow, for appellant. James E. Siebe argued. Hon. Lawrence G. Wasden, Attorney General; Susan K. Servick, Special Deputy Attorney General, Coeur d'Alene, for respondent. Susan K. Servick argued. ________________________________________________ LANSING, Chief Judge Britt Colleen Burton appeals from the district court's decision affirming the administrative suspension of her driver's license after a breath test disclosed that she had been driving with a breath alcohol content exceeding the legal limit. Burton argues on appeal that the stop of her vehicle (which led to the breath test) was unlawful because the traffic statute that she was deemed to have violated, Idaho Code

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Idaho Law