Ausman v. Hoffmann
| Decision Date | 07 June 1940 |
| Docket Number | 32431. |
| Citation | 292 N.W. 421,208 Minn. 13 |
| Parties | AUSMAN v. HOFFMANN, Com'r of Highways. |
| Court | Minnesota Supreme Court |
Appeal from District Court, Becker County; Anton Thompson, Judge.
Proceeding by Arlo Floyd Ausman against M. J. Hoffman, commissioner of highways, under Mason's Minn.St.Supp.1940, § 2720-176 for reinstatement of petitioner's driver's license. From an order directing that petitioner's driver's license be reissued, the highway commissioner appeals.
Order affirmed.
Syllabus by the Court .
Where a person is convicted for the first time of driving a vehicle upon a public highway while under the influence of intoxicating liquor and it is recommended by the trial court before which the conviction was had that such person's driver's license be not revoked, the commissioner of highways is without power:
1. To revoke the driver's license of such person (3 Mason Minn.St.1940 Supp. §§ 2720-145b and 2720-176).
2. To require such person to show financial responsibility as specified in 3 Mason Minn.St.1940 Supp. § 2720-102.
J. A A. Burnquist, Atty. Gen., Arthur Christofferson, Deputy Atty Gen., Sam W. Campbell, Sp. Asst. Atty. Gen., and Joseph J Bright, Sp. Counsel, of St. Paul, for appellant.
C. U. Landrum and D. N. Lindeman, both of Detroit Lakes, for respondent.
Gustav C. Axelrod, of St. Paul, and R. J. Orff, of Minneapolis, amici curiae, for Minnesota State Automobile Ass'n.
On September 4, 1939, Arlo Floyd Ausman pleaded guilty in the municipal court of New York Mills, Minnesota, to the offense of driving and operating a motor vehicle upon a public highway while under the influence of intoxicating liquor; he was sentenced and fined. On the same day the clerk of that court certified the conviction to M. J. Hoffmann, commissioner of Highways of this state, who, on or about September 26, 1939, cancelled and revoked Ausman's driver's license. On the first of the following November, Ausman moved the above mentioned court to amend the judgment of conviction and, due notice having been given, the matter came on for hearing before that court, which amended the judgment so as specifically to recommend that Ausman's license be not revoked. A copy of this order was duly served upon the commissioner of highways, and he was requested to revoke his order cancelling Ausman's driver's license; the commissioner decided that this request could not be complied with until such time as Ausman filed proof of financial responsibility in accordance with L.1933, c. 351 (3 Mason Minn.St.1940 Supp. §§ 2720-101 to 2720-122). Respondent thereupon filed a petition pursuant to L.1939, c. 401, § 19 (3 Mason Minn.St.1940 Supp. § 2720-145d), in the district court of Becker county for an order fixing a time and place for a hearing thereon and for an order adjudging that the driver's license here in question be reinstated and reissued. This petition was later amended and brought under L.1939, c. 430, § 4 (3 Mason Minn.St.1940 Supp. § 2720-176). The question presented to the district court was whether the commissioner of highways could require respondent to comply with the provisions of the safety responsibility act notwithstanding the facts that the conviction for driving while intoxicated covered a first offense and that the municipal court before which such conviction was had recommended that this driver's license be not revoked. On December 14, 1939, that court made and entered an order directing the commissioner of highways to revoke his order cancelling and revoking Ausman's driver's license and to reissue said license. The highway commissioner appeals from that order.
1. The question presented here is whether one who is convicted of driving on a public highway while intoxicated can be deprived of his driver's license by the commissioner of highways until proof of financial responsibility is furnished where the conviction was for a first offense and where it was recommended by the trial court that the license of the person convicted be not revoked.
In 1933 there was enacted by the legislature a statute entitled: ‘ An act to provide for the establishment of financial responsibility by owners of motor vehicles for injury, including death to persons, and damages to property resulting from the maintenance, use and operation of such motor vehicles,-and conferring powers and duties in respect thereto upon the Commissioner of Highways'. L.1933, c. 351. Section 2 of this act (3 Mason Minn.St.1940 Supp. § 2720-102) provides, in substance, that the right and permission to operate a motor vehicle and the driver's license of any person convicted of driving a motor vehicle while under the influence of intoxicating liquor or narcotic drug should be revoked and such license should not be renewed and such person not permitted or licensed to operate any motor vehicle until he shall have given proof of his responsibility to respond in damages as specified in the act.
There was also passed at the same session of the legislature L.1933, c. 352, entitled: ‘ An act regulating the licensing of persons operating motor vehicles upon the public highways of this State,’ § 10 (a) of which provides:
‘ The Commissioner shall forthwith revoke the license of any person and require that the certificate of license be returned to him, upon receiving a record of the conviction of such person of any of the following offenses: * * *
In 1939 the legislature enacted L.1939, c. 401, entitled ‘ An act to regulate and license persons operating motor vehicles upon the streets and public highways; * * * repealing Chapter 352, Laws of 1933 and other acts or parts of acts.’ Section 16 of this enactment (3 Mason Minn.St.1940 Supp. § 2720-145a), so far as now important, imposes upon courts having jurisdiction of offenses committed in violation of the laws of this state regulating the operation of motor vehicles on streets or highways the duty of forwarding to the highway department the driver's license and record of conviction of any person...
To continue reading
Request your trial