Fink v. State ex rel Dept. of Public Safety12/8/1992
Rehearing Denied January 19, 1993.
Certiorari Denied April 14, 1993.
AUSTIN J. FINK, APPELLANT,
v.
STATE OF OKLAHOMA, EX REL. DEPARTMENT OF PUBLIC SAFETY, APPELLEE.
Appeal from the District Court of Oklahoma County; Susan W. Bragg, Judge.
Don R. Fisher, Oklahoma City, for appellant.
Lisa K. McLaughlin, Oklahoma Dept. of Public Safety, Oklahoma City, for appellee.
REVERSED AND REMANDED.
OPINION
The opinion of the court was delivered by: HUNTER, Judge.
The facts in this case are undisputed. Between 1982 and 1987, Appellant had a terrible driving record. On March 22, 1983, Appellant's drivers license was suspended for six months because of driving under the influence of alcohol. After the six months period of suspension, Appellant would be eligible for license reinstatement, but with the precondition of a hearing. Appellant next received a 12 month suspension of his license effective October 13, 1983 with eligibility for license reinstatement conditioned on paying a $35.00 reinstatement fee, clearing financial responsibility suspension and appearing for a hearing. because the Department of Public Safety (DPS) had classified Appellant as an excessive user of alcohol, Appellant could not request a hearing for reinstatement until he had abstained from the use of alcohol for 12 months. DPS revoked Appellant's license effective June 15, 1987 for a period of 24 months before eligibility for reinstatement accrued, with other conditions precedent to reinstatement being the payment of a $150.00 reinstatement fee and a hearing which could not be requested until Appellant could show 12 months abstention from alcohol. This revocation was based on yet another conviction for DUI. Also effective June 15, 1987 was Appellant's 36 month license revocation for his conviction of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor.
At trial, the only issue was what amount of reinstatement fee did Appellant have to submit for his license reinstatement. After his 1987 license revocation, Appellant testified that he entered a 12 step program, Alcoholics Anonymous, and had been sober for five years. From 1982 until the time of trial, Appellant had only' one time applied for reinstatement of his license. Appellant's first and only application was in 1992.
Appellant's position is that his reinstatement fee should be confined to the statutory rate of $150.00 for the revocation based on alcohol-related offenses. DPS claims Appellant's reinstatement fee should be $1,250.00, based on: 1982 chemical test refusal, $25.00 reinstatement fee; DUI arrest, October 16, 1982 suspension, $25.00 reinstatement fee; suspension for November, 1982 arrest, $35.00 reinstatement fee; chemical test failure, April 11, 1984, $80.00 reinstatement fee; chemical test refusal, March 13, 1985, $100.00 reinstatement fee; no insurance suspension, October 30, 1985, $35.00 reinstatement fee; chemical test failure, January 11, 1986 arrest, $100.00 reinstatement fee; DUI revocation for January 11, 1986 arrest, $150.00 reinstatement fee; refusal to submit to chemical test from April 19, 1987 arrest, $150.00 reinstatement fee; revocation order from April 19, 1987 conviction for DUI, $150.00 reinstatement fee; refusal to submit to chemical test, arrest, April 27, 1987, $150.00 reinstatement fee and no insurance, April 27, 1987 arrest, $100.00 reinstatement fee.
We find the court erred in applying the law to these facts. We reverse the
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