Appealing Driver License Revocations and Suspensions
| Publication year | 1978 |
| Pages | 1142 |
1978, July, Pg. 1142. Appealing Driver License Revocations and Suspensions
Arthur G. Staliwe, Denver, is a Hearings Examiner for the Colorado Public Utilities Commission and formerly represented the Department of Revenue.
Without belaboring the obvious, Department of Revenue actions taken against a person's driver's license are civil in nature, not criminal, and the strict rules of evidence and procedure attendant to criminal actions are not applicable.(fn1)
It is important, especially to the criminal law practitioner, to realize that before the district court the aggrieved party is now a civil plaintiff, upon whom devolves the duty of prosecuting his own case.(fn2) Far too many practitioners do not recognize the difference between the civil and criminal aspects of the traffic law, and fail to shift their mental gears accordingly. The results are usually disastrous for their clients.
C.R.S. 1973, § 24-4-106(2) provides in pertinent part:
Final agency action under this or any other law shall be subject to judicial review as provided in this section,...
Our supreme court would appear to take the position that an agency action is not "final" if the agency must take further discretionary steps before a party suffers a sanction.(fn3) For example, seeking judicial review solely because a hearing was continued, without the issuance of a final order imposing sanctions or dismissing a complaint, is premature and the district court has no jurisdiction over the subject matter.(fn4)
Accordingly, until the Department of Revenue issues a final order in a case, i.e., an order that either imposes sanctions or dismisses the complaint, any action by the judiciary is premature, without subject matter jurisdiction, and is an unconstitutional interference by the judiciary into the functions of the executive branch.(fn5)
All too often practitioners, in a fit of pique, run to the district court seeking relief before a final order has been issued, only to have the restraining order dissolved, the judge embarrassed by his mistake in signing it, and the practitioner's competence as a lawyer called into question. Thus, it is important for the practitioner to have final agency action before going to the district court.
As already mentioned, initial appellate review of Department of Revenue actions against driver's licenses lies in the district court. Venue lies in the county of residence of the plaintiff. As stated in C.R.S. 1973, § 42-2-127(1):
Every person finally denied a license or whose license has been finally cancelled, suspended, or revoked by or under the authority of the department may, within thirty days thereafter, obtain judicial review in accordance with section 24-4-106, C.R.S. 1973; except that the venue for such judicial review shall be in the county of residence of the person seeking judicial review.
as amended, provides in pertinent partFurther, C.R.S. 1973, § 24-4-106(4),
This applies to mandatory revocations for specified offenses [C.R.S. 1973, § 42-2-122(3)]; point suspensions [§ 42-2-123(11)]; habitual offender revocations [§ 42-2-204]; implied consent revocations [§ 42-4-1202(3)(f)]; and financial responsibility suspensions [§ 42-7-201].Any party adversely affected or aggrieved by any agency action may commence an action for judicial review in the district court within thirty days after such agency action becomes effective....
As noted above, both the agency's organic act and the Administrative Procedure Act provide for judicial review within thirty days after final agency action has taken place.(fn6) That is, an attorney must file the complaint in the district court by the thirtieth day after the date of final agency action.(fn7)
Whether this time limit is denominated as...
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