Woodward v. Lahm

After Joel Woodward was convicted of driving under the influence (DUI) a second time, the Nebraska Department of Motor Vehicles (DMV) issued an order revoking Woodward’s commercial driver’s license (CDL) for life. Woodward did not appeal from the lifetime revocation. Woodward later filed motions asking the sentencing court to set aside both DUI convictions pursuant to Neb. Rev. Stat. 29-2264. The sentencing court set aside both DUI convictions. Woodward’s attorney subsequently wrote a letter to the director of the DMV asking that Woodward’s CDL be reinstated or that he be deemed eligible to reapply for a CDL. The director denied the request in a letter. Woodward filed an appeal pursuant to Neb. Rev. Stat. 60-4,105. The district court dismissed Woodward’s petition on several ground, including that it lacked subject matter jurisdiction because the director’s letter did not constitute a “final decision or order.” The Supreme Court affirmed, holding that the district court correctly dismissed the appeal for lack of subject matter jurisdiction because the letter from which Woodward appealed was not a “final decision or order” of the director or the DMV under section 60-4,105. View "Woodward v. Lahm" on Justia Law