State v. Kotlers

589 N.W.2d 736, 1999 Iowa Sup. LEXIS 24, 1999 WL 80768
CourtSupreme Court of Iowa
DecidedFebruary 17, 1999
Docket97-1624
StatusPublished
Cited by6 cases

This text of 589 N.W.2d 736 (State v. Kotlers) 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
State v. Kotlers, 589 N.W.2d 736, 1999 Iowa Sup. LEXIS 24, 1999 WL 80768 (iowa 1999).

Opinions

SNELL, Justice.

This is an appeal from the district court’s denial of defendant’s application for restoration of his eligibility for a motor vehicle license. Defendant was convicted for the third time of operating a motor vehicle while intoxicated and as a consequence suffered the revocation of his privilege to operate a motor vehicle for six years. Having considered defendant’s appeal, we affirm.

I.' Background Facts and Proceedings

On July 26, 1995, the defendant, Norbert Kotlers, was convicted of operating while intoxicated in violation of Iowa Code section 321J.2 (1995). Because he had previously been convicted of OWI in 1978 and 1979, the court directed the Iowa Department of Transportation (DOT) to revoke Kotlers’ driver’s license for a six-year period pursuant to Iowa Code section 321 J.4(3)(a).

On June 24, 1997, the DOT (apparently mistakenly) notified Kotlers that his license revocation would end on that date. (Kotlers also challenges the DOT’s subsequent notification that his license was revoked from July 26, 1997, until July 26, 2001, pursuant to the original six-year revocation. The district court’s refusal to dismiss , Kotlers’ judicial review action challenging the implementation of that revocation is the subject of another case we decide today. See Kotlers v. Iowa Dep’t of Transp., 589 N.W.2d 733 (Iowa 1999).)

On June 26, 1997, Kotlers filed an application for restoration of his eligibility for a motor vfehicle license pursuant to Iowa Code section 321J.4(3)(b). A hearing was held July 23, 1997. In an order entered on July 30,1997, the district court denied the application on the basis of the legislative repeal, effective July 1,1997, of the early restoration provisions contained in section 321J.4(3)(b). See 1997 Iowa Acts ch. 177, § 9. The court determined that with the repeal it had no authority to consider the restoration of Kot-lers’ eligibility for a motor vehicle license.

On August 1, 1997, Kotlers filed a motion to reconsider pursuant to Iowa Rule of Civil Procedure 179(b), asserting he should still be entitled to restoration of his eligibility for a driver’s license because such restoration was allowed when the revocation was imposed. Kotlers further claimed that a legislative amendment to Iowa Code section 321J.2 directed that any conviction or revocation deleted from the motor vehicle operating records of the DOT should not be considered a previous offense in license revocation proceedings and that amended section 321.12 instructed the department to delete records of convictions and revocations more than twelve years old. See id. §§ 1, 4 (codified at Iowa Code §§ 321.12(4), 321J.2(4)(a) (Supp. 1997)). Kotlers claimed that the DOT’s present driving records did not establish a basis for a six-year revocation because his earlier convictions were more than twelve years old.

At a hearing on the motion to reconsider Kotlers raised a claim that the repeal of the early restoration provisions violated his rights to equal protection by irrationally discriminating against him when his present driving record provides no basis for a six-year revocation. Kotlers further claimed that the repeal constituted an' improper ex [738]*738post facto law by increasing his punishment after his conviction.

On August 25, 1997, the district court entered an order denying the motion to reconsider. The court determined that the now-repealed early restoration provisions could not be construed as giving the district court the authority to order early restoration of Kotlers’ driving privileges without statutory authority. The court further concluded that because the earlier order imposed a six-year revocation, the repeal did not involve an impermissible ex post facto law increasing the penalty against Kotlers.

On September 4, 1997, Kotlers filed a motion to amend or enlarge the findings of the August 25 order pursuant to Iowa Rule of Civil Procedure 179(b). Kotlers asserted in part that the repeal denied his right to equal protection because his convictions more than twelve years old would not presently be included in his driving record for determining his eligibility for a motor vehicle license. He also claimed the repeal of section 321 J.4(3)(b) violated equal protection. Kotlers asserted that he would be deprived of equal protection if his license remained revoked. On September 4, 1997, the district court entered an order denying Kotlers’ motion.

On September 11, 1997, Kotlers filed a notice of appeal.

II. Issues and Scope of Review

Constitutional issues of equal protection and an ex post facto violation are presented. We review these de novo in light of the totality of the circumstances. State v. Taft, 506 N.W.2d 757, 762 (Iowa 1993). We review questions of statutory interpretation for correction of errors of law. In re E.H. III, 578 N.W.2d 243, 245 (Iowa 1998).

III. Application of the Law and Analysis

Defendant’s conviction for his third lifetime OWI offense occurred on July 26, 1995. His driver’s license was revoked for six years based on this conviction. See Iowa Code § 321J.4(3)(a) (1995). On June 26, 1997, defendant applied for early restoration of his eligibility for a driver’s license pursuant to Iowa Code section 321J.4(3)(b). Two years had not yet elapsed from the date of the order for revocation. Under the plain language of the statute, defendant was not then eligible for license restoration. Section 321J.4(3)(b) states: “After two years from the date of the order for revocation, the defendant may apply to the court for restoration....” Clearly, the defendant was not yet eligible to apply for restoration when he made his application on June 26, 1997. The two-year period set forth in section 321 J.4(3)(b) had not yet elapsed. Kotlers did not become eligible to apply until July 26, 1997, two years from the date the revocation was entered. Therefore, at the time Kotlers applied and at the time the hearing was held, his application was not ripe for consideration by the court.

Additionally, at the time of the hearing and the court’s ruling, the repeal of the early restoration provisions had already become effective and Kotlers had no right to restoration because the two-year period had not expired before the repeal and he could not establish he had satisfied the four conditions set forth in section 321 J.4(3)(b)(1)-(4) prior to the repeal. See Iowa Dep’t of Transp. v. Iowa Dist. Ct. for Buchanan County, 587 N.W.2d 774, 777 (Iowa 1998). The district court was correct in its ruling, which is affirmed.

IV.Equal Protection

Defendant believes .he has been denied equal protection of the law that is guaranteed by the United States and Iowa Constitutions. See U.S. Const, amend. XIV, § 1; Iowa Const, art. I, § 6.

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Related

State v. White
668 N.W.2d 850 (Supreme Court of Iowa, 2003)
State v. Olsen
618 N.W.2d 346 (Supreme Court of Iowa, 2000)
State v. Garcia
600 N.W.2d 320 (Supreme Court of Iowa, 1999)
Wieslander v. Iowa Department of Transportation
596 N.W.2d 516 (Supreme Court of Iowa, 1999)
Kotlers v. Iowa Department of Transportation
589 N.W.2d 733 (Supreme Court of Iowa, 1999)
State v. Kotlers
589 N.W.2d 736 (Supreme Court of Iowa, 1999)

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Bluebook (online)
589 N.W.2d 736, 1999 Iowa Sup. LEXIS 24, 1999 WL 80768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-kotlers-iowa-1999.