(Download) "State v. Wiltgen" by Supreme Court of Montana * Book PDF Kindle ePub Free
eBook details
- Title: State v. Wiltgen
- Author : Supreme Court of Montana
- Release Date : January 23, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
This case presents the question of whether an administrative license revocation, which did not receive a prompt postrevocation judicial review because of an automatic stay pending the prosecution of the associated criminal charge, can constitutionally be used as an aggravating factor to support the enhancement of a subsequent driving while impaired (DWI) charge from third-degree to second-degree. Appellant Jessica Ann Wiltgen was charged with second-degree DWI for a September 2005 driving incident. The charge of second-degree DWI was based in part on Wiltgens August 2005 DWI license revocation, as to which judicial review had been requested but was stayed. The district court concluded that the enhancement of Wiltgens September charge based on the use of the August revocation would violate due process and granted Wiltgens motion to reduce the charge to third-degree. The court of appeals reversed, holding that the availability of a statutory mechanism for judicial review of the revocation satisfied due process where Wiltgen "affirmatively procured a collateral stay" and took no action to advance the implied consent review petition to the hearing stage. State v. Wiltgen, No. A06-152, 2006 WL 1320594, at *3-4 (Minn. App. May 16, 2006) (citing State v. Goharbawang, 705 N.W.2d 198, 202 (Minn. App. 2005), rev. denied (Minn. Jan. 17, 2006)). We reverse the court of appeals and affirm the district courts order reducing the DWI charge to third-degree.