State, Bureau of Motor Vehicles v. Waller

Dissenting Opinion

Buchanan, J.

— I respectfully dissent and would reverse the judgment of the Superior Court of Marion County because in' reviewing the Commissioner’s suspension of Waller’s driver’s license, once it found in its Findings of Fact (One and Two) that Waller was twice convicted within a three-year period of operating a vehicle under the influence of intoxicating liquor, it was bound to affirm the Commissioner’s action under the mandate of IC 1971, 9-4-1-54 (b) (3), Ind. Ann. Stat. § 47-2001 (b) (3) (Burns Supp. 1973) [also known as Senate Bill No. 299 of 1973, SECTION 1(b) (3)]…