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State v. Diaz11/7/2003
NATURE OF CASE
The District court for Hall County affirmed the decision of the Hall County Court that denied Manuel Diaz' application for reduction of license suspension. The county court found that Neb. Rev. Stat. § 60-6,211 (Reissue 1998), which purports to allow one in Diaz' position to submit an application to the court for the reduction of a lifetime revocation of a motor vehicle operator's license, is unconstitutional based upon our decision in State v. Bainbridge, 249 Neb. 260, 543 N.W.2d 154 (1996). Diaz appeals the decision of the district court.
SCOPE OF REVIEW
The constitutionality of a statute is a question of law, and this court is obligated to reach a conclusion independent of the decision reached by the trial court. Callan v. Balka, 248 Neb. 469, 536 N.W.2d 47 (1995).
FACTS
In September 1985, Diaz was arrested and charged under Neb. Rev. Stat. § 39-669.07 (Reissue 1984) for driving under the influence (DUI), third offense. Section 39-669.07 was subsequently transferred, and it can currently be found at Neb. Rev. Stat. § 60-6,196 (Cum. Supp. 2002). Diaz was convicted, and in October 1985, the county court for Hall County suspended Diaz' operator's license for life. In the years that followed, Diaz has filed a number of applications in an effort to reduce the suspension.
On February 19, 2002, Diaz filed an application for reduction of license suspension that relied upon § 60-6,211. An identical application was filed on April 2. It was upon this last application that the county court for Hall County declared § 60-6,211 to be unconstitutional, consequently denying Diaz' application.
On appeal to the Hall County District Court, Diaz claimed as his sole assignment of error that the Hall County Court erred in not granting the application for reduction of license suspension. The district court affirmed the decision of the county court. On appeal to this court, Diaz claims that the district court erred in affirming the county court's denial of his application for reduction of license suspension.
Diaz timely filed this appeal and gave notice that the constitutionality of Neb. Rev. Stat. §§ 60-6,209 (Cum. Supp. 2002) and 60-6,211 would be raised. The State filed a petition to bypass the Nebraska Court of Appeals, which we granted based upon our exclusive jurisdiction to decide cases involving the constitutionality of a statute under Neb. Rev. Stat. § 24-1106(1) (Reissue 1995).
ASSIGNMENT OF ERROR
Diaz assigns as error that the cumulative effect of §§ 60-6,209 and 60-6,211 violates his right to due process.
ANALYSIS
The State has framed the sole issue in the case as the constitutionality of § 60-6,211, which provides:
Any person who prior to April 19, 1986, has had his or her motor vehicle operator's license revoked for life pursuant to section 60-6,196 or 60-6,197 may submit an application to the court for a reduction of such lifetime revocation. The court in its discretion may reduce such revocation to a period of fifteen years.
The briefs submitted by the parties seem to be in agreement that based upon our decision in State v. Bainbridge, 249 Neb. 260, 543 N.W.2d 154 (1996), § 60-6,211 is unconstitutional. Bainbridge examined § 60-6,209 (Reissue 1993), which allowed the court to reduce a 15-year motor vehicle operator's license suspension imposed under § 60-6,196(2)(c) (Reissue 1993). At that time, § 60-6,196(2)(c) provided for a 15-year suspension for drivers who had two DUI convictions. We found license revocation pursuant to § 60-6,196(2)(c) (Reissue 1993) to be a form of punishment. See, also, State v. Michal
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