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Fink v. State ex rel Dept. of Public Safety12/8/1992
inued to suspend and revoke Appellant's license because the license, after the first revocation, had never been restored. The prosecuting authorities could have charged Appellant with misdemeanor driving while under suspension/revocation and exacted punishment upon conviction. We cannot say that upon proof of the subsequent violations that DPS would be unable to amend the conditions precedent to reinstatement. For instance, the reinstatement fee went up during the decade. The fee in effect at the time of application should be the one required. Furthermore, the period of proof of sobriety, from 6 months to 12 months, based on notice of subsequent convictions, if Appellant were put on notice of those amendments, could pass muster if DPS had published policy to that effect. What we cannot accept, however, is DPS adding up and charging fees for reinstatements for which Appellant never applied.
We therefore reverse the judgment of the trial court. It misapplied the law when it modified the reinstatement fee from $150.00 for reinstatement from the revocation based on alcohol-related offenses to $1,115.00. It further misapplied the law when it modified the reinstatement fee for the "no insurance" revocation from $100.00 to $135.00. Adding in the prior reinstatement fees from previous episodes when Appellant had not applied for reinstatement is erroneous as a matter of law. Allowing the collection of those fees at a later date renders the purpose of a hearing for those offenses without meaning.
The matter is remanded to the court to enter an order setting the reinstatement fee at the correct statutory rate, that is, $150.00.
REVERSED AND REMANDED WITH DIRECTIONS.
HANSEN, V.C.J., and BAILEY, P.J., concur.
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