Iowa Department of Transportation v. Iowa District Court for Scott County

587 N.W.2d 781, 1998 Iowa Sup. LEXIS 307, 1998 WL 897090
CourtSupreme Court of Iowa
DecidedDecember 23, 1998
Docket97-1520
StatusPublished
Cited by13 cases

This text of 587 N.W.2d 781 (Iowa Department of Transportation v. Iowa District Court for Scott County) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Iowa Department of Transportation v. Iowa District Court for Scott County, 587 N.W.2d 781, 1998 Iowa Sup. LEXIS 307, 1998 WL 897090 (iowa 1998).

Opinions

TERNUS, Justice.

The consolidated cases before the court present a slight variation on the facts presented in another case we decide today, Iowa Department of Transportation v. Iowa District Court for Buchanan County, 587 N.W.2d 774 (Iowa 1998). All three cases involve the impact of the repeal of Iowa Code section 321J.4(3)(b) (1995), which provided an opportunity for criminal defendants who suffered a six-year license revocation to have their eligibility for a driver’s license restored after two years. The factual distinction between the two cases before us and the Buchanan County case is the timing of the expiration of the two-year waiting period required before a defendant may apply for restoration of license eligibility. In the Buchanan County case the two-year’ period expired after the repeal of section 321J.4(3)(b) became effective; here, the two-year period expired before the effective date of the repeal. Despite this factual distinction, we think our decision in the Buchanan County case is controlling. Therefore, we sustain the writs.

I. Background Facts and Proceedings.

Both defendants in the underlying criminal actions, Martin Garlock and William Einfeldt, were convicted of operating while intoxicated, third offense. See Iowa Code § 321J.2. As a result of these convictions, their driver’s licenses were revoked for six years. See id. § 321J.4(3)(a). Garlock’s revocation period commenced on October 12, 1993, and Ein-feldt’s revocation began on June 15, 1995.

At the time these revocation periods commenced, Iowa Code section 321J.4(3)(b) provided a means to reduce the period of revocation after two years of the six-year period had expired. Section 321J.4(3)(b) provided:

After two years from the date of the order for revocation, the defendant may apply to the court for restoration of the defendant’s eligibility for a motor vehicle license. The application may be granted only if all of the following are shown by the defendant by a preponderance of the evidence ....

The four statutory prerequisites to the restoration of license eligibility were (1) the completion of an evaluation for chemical dependency and treatment for such dependency, if recommended, (2) the absence of any operating-while-intoxicated convictions and of any chemical test showing an alcohol concentration over the legal limit, (3) the defendant’s abstention from excessive alcohol consumption and the use of controlled substances, and (4) the absence of any suspension or revocation for any other reason. See Iowa Code § 321J.4(3)(b)(l)-(4). This statute was re[783]*783pealed effective July 1, 1997. See 1997 Iowa Acts ch. 177, § 9; Iowa Code § 3.7(1).

Although the two-year waiting period required by section 321J.4(3)(b) expired for each defendant prior to July 1, 1997, they both filed applications to have their eligibility for a driver’s license restored after the effective date of the repeal. Garlock’s application was filed on July 25,1997; Einfeldt’s application was filed on July 31, 1997. The district court granted both applications and restored the defendants’ eligibility for a driver’s license.

We granted the petitions for writ of certio-rari filed by the Department of Transportation (DOT) and consolidated the cases. The DOT claims on appeal that the district court had no authority to restore the defendants’ license eligibility because the statute providing such authority had been repealed prior to the district court’s orders. The defendants, who are defending the district court in this certiorari action, rely on the general savings statute, section 4.13. They first assert that they had an accrued right to a hearing to seek restoration of their driving privileges and that this right is saved by section 4.13(2). Alternatively, they argue that Iowa Code section 4.13(4) prevents the repeal of section 321 J.4(3)(b) from affecting the “remedy” provided by the repealed statute. We consider the applicability of each statute separately.

II. Scope of Review.

Our scope of review is for correction of errors of law. See Hewitt v. Iowa Dist. Ct., 538 N.W.2d 291, 292 (Iowa 1995). “We will sustain a writ of certiorari where the district court acted beyond its authority or jurisdiction.” Iowa Dep’t of Transp. v. Iowa Dist. Ct. for Bremer County, 534 N.W.2d 457, 459 (Iowa 1995).

III. Applicability of Section 1.18(2).

Iowa Code section 4.13(2) provides that “[t]he ... repeal of a statute does not affect ... [a]ny ... right [or] privilege ... previously acquired, accrued, [or] accorded ... thereunder....” We held in the Buchanan County case that this statute protected “only (1) a right or privilege (2) that was acquired, accrued, or accorded under the repealed statute before the effective date of the repeal.” 587 N.W.2d at 776. We concluded that the defendant in that case, who had filed his application for restoration of license eligibility after the repeal of section 321J.4(3)(b), had no accrued right to license eligibility, nor had such eligibility been acquired or accorded prior to the repeal of section 321J.4(3)(b). Id. at 777. Therefore, we held that section 4.13(2) did not apply.

The same reasoning applies to the two cases before us here. In both cases, the defendants filed their applications after the repeal of section 321 J.4(3)(b). They had not acquired nor been accorded license eligibility prior to the statute’s repeal. In addition, for the reasons explained in Buchanan County, the defendants had no accrued right or privilege to have their eligibility for a license restored prior to the repeal of section 321 J.4(3)(b).

Although our discussion of section 4.13(2) might end here, the defendants in the present case are in a slightly different situation from the defendant in Buchanan County in that in the cases before us the two-year waiting period expired before July 1, 1997. Thus, the defendants here claim that as of July 1, 1997, they had an accrued right to a hearing to seek restoration of their eligibility for a driver’s license.

We reject the argument that the “right” upon which we should focus for purposes of applying section 4.13(2) is the evidentiary hearing triggered by a section 321J.4(3)(b) application. A hearing on an application for restoration of license eligibility is meaningless unless the court has the authority to grant the application. In other words, the hearing is merely a procedural mechanism to obtain the ultimate goal of having one’s eligibility for a driver’s license restored. Thus, it is the latter that must be saved by section 4.13(2) — the defendants’ eligibility for a driver’s license — if they are to successfully defend the district court’s action restoring their eligibility.

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Cite This Page — Counsel Stack

Bluebook (online)
587 N.W.2d 781, 1998 Iowa Sup. LEXIS 307, 1998 WL 897090, Counsel Stack Legal Research, https://law.counselstack.com/opinion/iowa-department-of-transportation-v-iowa-district-court-for-scott-county-iowa-1998.