Potter v. State, Department of Revenue, Motor Vehicle Division

SILVERSTEIN,* Judge.

Plaintiff brought this action to review the revocation of his driver’s license by the Department of Revenue (Department). The trial court set aside the revocation, and ordered the Department to grant plaintiff a full hearing on the merits of his license revocation. The Department appeals the setting aside of the revocation, and plaintiff appeals that part of the judgment which ordered a hearing on the merits, contending that the revocation proceeding should be dismissed. We affirm.

Plaintiff was arrested and charged with driving while under the influence of alcohol.…