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Thompson v. Tomasi12/28/1979
Opinion by JUDGE COYTE
On January 9, 1979, defendant's driver's license was revoked by the Department of Revenue for a period of nine months for driving under the influence and weaving. Defendant sought review of the Department's order in the district court. On January 23, 1979, that court enjoined enforcement of the Department's revocation order "until the conclusion of the review proceedings," and ordered the Department to return defendant his driver's license for employment purposes only (restricted use). On May 14, 1979, the district court affirmed the Department's order revoking defendant's driver's license and vacated the injunction. On July 11, 1979, this court ordered the stay of execution previously granted by the trial court to be continued during the pendency of this appeal.
Defendant asserts that Donelson v. Department of Revenue, 38 Colo. App. 354, 561 P.2d 345 (1976) renders any appeal from this ruling moot. We agree. Having suffered a dimunition of driving privileges for a time greater than the original period of suspension, defendant is entitled to apply for the return of his driver's license, and this appeal is now moot. Donelson v. Department of Revenue, supra.
That portion of the trial court judgment affirming the action of the Department in issuing the revocation order is affirmed. That portion of the trial court judgment which, in effect, authorized the Department to continue the revocation for another nine months from the date of the trial court judgment is reversed, and the cause is remanded for entry of judgment directing the Department to reissue Thompson's license upon compliance with § 42-2-129(2), C.R.S. 1973.
JUDGE SMITH and JUDGE KELLY concur.
COURT OF APPEALS STATE OF COLORADO, 2 EAST FOURTEENTH AVENUE, SUITE 300, DENVER, COLORADO 80203, (303) 861-1111
October 14, 1981
TO WHOM IT MAY CONCERN:
RE: Thompson v. Tomasi, No. 79CA0610
Please by advised that the above opinion of this Court announced DECEMBER 28, 1979, as an unpublished opinion, shall now be published pursuant to C.A.R. 35(f) as the Colorado Supreme Court has both granted certiorari and issued an opinion.
Mac V. Danford, Clerk, Colorado Court of Appeals
No. 79CA0610
Decided December 28, 1979. Rehearing denied January 24, 1980. Certiorari granted April 7, 1980. Publication effected October 5, 1981, pursuant to C.A.R. 35(f).
Defendant appealed from the district court's affirmance of a Department of Revenue order revoking his license.
Affirmed in Part Reversed in Part
1. AUTOMOBILES -- Driver's License Revoked -- Court Orders Restricted Use -- Period -- Credited Against -- Revocation Period -- Period Runs -- Reapplication Permitted. WHEN A DRIVER'S LICENSE IS REVOKED BY DEPARTMENT OF REVENUE BUT A COURT ORDERS THE DEPARTMENT TO RETURN THE LICENSE FOR RESTRICTED USE ONLY, THAT PERIOD OF RESTRICTED USE IS CREDITED AGAINST THE TIME DURING WHICH THE DEPARTMENT HAS ORDERED THE LICENSE REVOKED, AND WHEN THE PERIOD OF RESTRICTED USE EQUALS THE TIME FOR WHICH THE LICENSE IS REVOKED, THE DRIVER MAY REAPPLY FOR A RETURN OF HIS LICENSE.
Disposition
JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CAUSE REMANDED WITH DIRECTIONS
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