Matter of Von Krosigk

This is a driver’s license suspension case. The dispositive question is whether a magistrate loses jurisdiction over the suspension proceedings if a hearing is not conducted within a time provided by statute. For reasons explained below, we hold that the statutory time frame is not jurisdictional.

The background facts are undisputed. In June, 1987, while operating a motor vehicle on a public highway, Robert Von Krosigk was stopped by a police officer who suspected him of driving under the influence. Von Krosigk refused to submit to a blood-alcohol test. The officer seized Von Krosigk’s license…