State, Transportation Department v. Herman

OPINION

ALARID, Judge.

The court, on its own motion, has determined that the original opinion filed in this cause on June 4, 1987 should be withdrawn and the following substituted.

The State of New Mexico, Transportation Department, Motor Vehicle Division (MVD), plaintiff-appellant, appeals from an order of the district court overturning its decision to revoke the driver’s license of defendant-appellee David L. Herman. The sole issue on appeal is whether the Department was divested of jurisdiction to revoke defendant’s license by the failure of the officer to have the statement sent to MVD,…