On the Road Again (Or Not)

The Court is on the road for the rest of the week. It hears arguments in Idaho Falls today and tomorrow then moves to Pocatello on Friday.

Today the Court hears argument in three civil cases. The first involves a dispute over a Warranty Deed and a repurchase agreement. The last is a parental termination case. The middle case (In the Matter of the License Suspension of Steven M. Wanner), may be of interest to SCOIDBlog readers.

In that case, Steve Wanner was stopped on suspicion of DUI. He failed two breath tests and was given the standard Notice of Suspension form, including the part which informs the driver that an administrative hearing must be requested within seven days. Wanner's request was filed outside the seven days and the Idaho Department of Transportation denied the request as untimely. Wanner appealed to the district court. The court found that the Notice did not provide sufficient notice regarding the effect of the suspension on his commercial driving privileges. It wrote: "Due process requires that drivers with CDLs, who are driving non-commercial vehicles at the time of suspension, be given notice of the impact of I.C. § 49-335(2) and its one year disqualification in the Notice of Suspension." The court excused the untimely filing and, presumably, vacated the suspension.

The IDOT appealed the district court’s determination and argues that the district court lacked jurisdiction because Wanner failed to timely request a hearing and that the standard notice provided sufficient notice to Wanner.