Monday, January 3, 2011

Idaho Supreme Court--Wanner v. State/IDOT

The Idaho Supreme Court issued a decision today in Wanner v. State. Mr. Wanner had been arrested on suspicion of drunk driving and had his license suspended. He received a Notice of Suspension from the State but did not ask for an administrative review hearing within 7 days of receiving the Notice. So, the State denied his request. Wanner filed a petition for judicial review and Judge Nye, in Bannock County, agreed with Mr. Wanner. Judge Nye stayed the suspension pending an administrative review hearing and the State appealed Judge Nye's decision.

The Idaho Supreme Court unanimously reverses Judge Nye on the basis that Wanner never complied with the timeliness requirements of Idaho Code Section 18-8002A, seeking administrative review of the driver's license suspension ruling. This waived Wanner's right to seek judicial review. The Idaho Supreme Court remands with an order to the district court to vacate its decision and lift the stay of the suspension of Wanner's license.

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