Bendorf v. Commissioner of Public Safety

OPINION

TOUSSAINT, Chief Judge.

Appellant Charles J. Bendorf challenges the district court’s order sustaining the revocation of his driver’s license on the ground that he is entitled to a rescission of the revocation. Because the remedy for scheduling the revocation hearing under a statutory provision subsequently declared unconstitutional is not a rescission but a stay of revocation, we affirm.

FACTS

Minn.Stat. § 169A.53, subd. 3(a) (2002), provided that a judicial-review hearing of a driver’s-license revocation “must be held at the earliest practicable date, and in any event no later than 60…