STATE TAXATION & REVENUE DEPT. v. BARGAS

No. 20,236.

14 P.3d 538 (2000)

129 N.M. 800

2000-NMCA-103

STATE OF NEW MEXICO TAXATION & REVENUE DEPARTMENT, MOTOR VEHICLE DIVISION, Respondent-Appellant, v. Joseph BARGAS, Petitioner-Appellee.

Court of Appeals of New Mexico.

November 9, 2000.


Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Judith Mellow, Special Assistant Attorney General, Santa Fe, NM, for Appellant.

Robert G. Marcotte, Albuquerque, NM, for Appellee.


OPINION

BUSTAMANTE, Judge.

{1} Joseph Bargas's driver's license was revoked pursuant to the Implied Consent Act, NMSA 1978, §§ 66-8-105 to -112 (1978, as amended through 1993) (the Act). The district court reversed, holding that the Motor Vehicle Division (MVD) did not hold the revocation hearing within ninety days as required by the Act. MVD appeals, arguing Bargas had waived the time limit. We hold that the ninety-day time limit of the...

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