State v. Benner

The essence of the majority opinion is that a statutorily required notice of suspension or revocation which inaccurately recites the driver’s rights to a hearing and the timing of the hearing voids the suspension ab initio. It is irrelevant, the majority thinks, that the defendant did not receive the notice and could not have been misled. I disagree with the majority’s resolution of this case, and I dissent.

*617It is important at the outset to delineate the procedural and factual predicate of the trial court’s dismissal. Defendant was charged with driving while his operator’s license was revoked.…