Wesley v. Commissioner of Public Safety

Court of Appeals of Minnesota

Wesley v. Commissioner of Public Safety

354 N.W.2d 526, 1984 Minn. App. LEXIS 3534

CourtCourt of Appeals of Minnesota

DecidedSeptember 11, 1984

DocketNo. C7-84-165

StatusPublished

This text of 354 N.W.2d 526 (Wesley v. Commissioner of Public Safety) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wesley v. Commissioner of Public Safety, 354 N.W.2d 526, 1984 Minn. App. LEXIS 3534 (Mich. Ct. App. 1984).

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Opinion

OPINION

PARKER, Judge.

Wesley appeals his driver’s license revocation. He was arrested for D.W.I. on August 24, 1983. At that time the arresting officer issued Wesley a notice and order of revocation pursuant to Minn.Stat. § 169.123(5a) (1982). The notice provided for judicial review of the revocation if Wesley filed a petition with the court within 30 days. Minn.Stat. § 169.123(5c) (1982). Thirty-four days later, on September 27, 1983, Wesley’s attorney filed the petition for review with the court. The court determined that it lacked jurisdiction to hear the matter.

Thorud v. Commissioner of Public Safety, 349 N.W.2d 343 (Minn.Ct.App.1984), is dispositive of this issue. In Tho-rud we held that the 30-day petition period [527]*527for a revocation hearing is jurisdictional. Therefore, the court correctly concluded that it lacked jurisdiction over Wesley’s petition. We affirm.

Affirmed.

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OPINION

PARKER, Judge.

Wesley appeals his driver’s license revocation. He was arrested for D.W.I. on August 24, 1983. At that time the arresting officer issued Wesley a notice and order of revocation pursuant to Minn.Stat. § 169.123(5a) (1982). The notice provided for judicial review of the revocation if Wesley filed a petition with the court within 30 days. Minn.Stat. § 169.123(5c) (1982). Thirty-four days later, on September 27, 1983, Wesley’s attorney filed the petition for review with the court. The court determined that it lacked jurisdiction to hear the matter.

Thorud v. Commissioner of Public Safety, 349 N.W.2d 343 (Minn.Ct.App.1984), is dispositive of this issue. In Tho-rud we held that the 30-day petition period [527]*527for a revocation hearing is jurisdictional. Therefore, the court correctly concluded that it lacked jurisdiction over Wesley’s petition. We affirm.

Affirmed.

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Bluebook (online)

354 N.W.2d 526, 1984 Minn. App. LEXIS 3534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wesley-v-commissioner-of-public-safety-minnctapp-1984.

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