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EVANS v. STATE, TAX. AND REV. DEPT.

No. 16645.

922 P.2d 1212 (1996)

122 N.M. 216

Gilbert Lynn EVANS, Plaintiff-Appellee, v. STATE of New Mexico, TAXATION AND REVENUE DEPARTMENT, MOTOR VEHICLE DIVISION, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied August 15, 1996.

Attorney(s) appearing for the Case

Tom Udall, Attorney General, Frank D. Katz, Special Assistant Attorney General, Taxation & Revenue Dep't, Santa Fe, for Appellant.

Andrea Lenway, Mayhill, for Appellee.

Ray Twohig, Albuquerque, for amicus curiae, N.M. Criminal Defense Lawyers Ass'n.

OPINION

BOSSON, Judge.

1. We are presented with the following question: Under the Implied Consent Act may the Department of Motor Vehicles ("DMV" or "the Department") conduct license revocation hearings telephonically for DWI offenses without the physical presence of the hearing officer? We hold that the statute, NMSA 1978, Section 66-8-112(B) (Repl.Pamp.1994), does not authorize telephonic revocation hearings, and therefore under current law these...

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