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MCGHEE v. STATE1/23/1998
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Given McGhee's reconviction on the 1989 DWI after his initial conviction was vacated, the DMV's original three-year period of revocation accurately reflects his potential danger as a driver at the time of his arrest for DWI in 1994. Hence, in terms of the community's need for protection, the enhanced period of revocation is still an appropriate societal response.
We have consistently expressed disfavor with the tactical manipulation of DWI conviction dates to avoid enhanced license revocations. See, e.g., Wik v. State, Dep't of Pub. Safety, 786 P.2d 384, 387 (Alaska 1990); Tulowetzke v. Dep't of Pub. Safety, 743 P.2d 368, 371 (Alaska 1987). McGhee's case involves nothing else. In these circumstances, amendment of the original revocation order was properly denied.
III. CONCLUSION
The superior court's decision affirming the DMV's denial of reconsideration is AFFIRMED.
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