McInerney v. Director of Revenue

The Director of Revenue (“director”) appeals the trial court’s judgment reinstating the driving privileges of James Mclnerney (“driver”). The director claims the trial court lacked jurisdiction in that driver failed to meet his burden of proving his petition was timely filed. We agree, and reverse and remand.

Driver was arrested for driving while intoxicated on July 2,1998. He struck two parked cars and demonstrated other signs of intoxication, such as smelling strongly of alcohol, having bloodshot eyes, exhibiting an unsteady stance, and slurring his speech.

Officer Nicholson (“officer”)…