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Braham v. District Court12/31/1987
le; however, the letter identified April 29, 1986, as the date of the first attempt to place a notice in Braham's mailbox. This date was used to prove that Braham violated NRS 483.560 when he drove on May 7, 1986.
Because the DMV attempted to notify Braham by mail, the order of revocation could not become effective until eight days after mailing.
[103 Nev. 644, Page 647]
NRS 484.385(3) and NRS 178.482. Braham was arrested on May 7, 1986, on the eighth day after the mailing of the notice. Because the order of revocation was not effective until the following day, May 8, 1986, his arrest on May 7, 1986, was premature. Therefore, the judgment of conviction cannot stand.
Braham claims that the district court erroneously required him to pay for a transcript of the justice's court proceeding. Concerning appeals from justice to district court, NRS 189.030(1) provides: "The justice shall, within 10 days after the notice of appeal is filed, transmit to the clerk of the district court the transcript of the case, all other papers relating to the case and a certified copy of his docket." However, NRS 4.410(2) provides: "The fees for transcripts and copies [of justice's court proceedings] must be paid by the party ordering them. In a civil case the preparation of the transcript need not commence until the fees have been deposited with the deputy clerk of the court." The lower court did not err by requiring Braham to pay for the justice's court trial transcript. NRS 189.030(1) establishes the time frame for transmitting transcripts of appealed cases. It says nothing about costs. NRS 4.410(2) establishes who pays for the transcript. Therefore, when a justice's court decision is appealed, the justice of the peace sends the case to the district court within ten days and costs of transmission can properly be assessed to the non-indigent appellant. 1 We hold that NRS 484.385(3), in conjunction with NRS 178.482, provides that an order of revocation becomes effective eight days after mailing. Braham was arrested while driving prior to the effective date of revocation. His conviction, therefore, must be vacated. Accordingly, we grant the petition for a writ of certiorari. The clerk of this court shall issue a writ of certiorari, forthwith, directing the respondent district court to vacate the conviction and issue a new judgment consistent with this opinion.
Gunderson, C. J., and Steffen, Springer, and Mowbray, JJ., concur.
Opinion Footnotes}
1 We express no opinion as to whether petitioner, as a prevailing party in this court, may recover the cost of the transcript in the district court. Cf. NRAP 39(e) (costs on appeal taxable in the district courts).
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