Minnesota Court of Appeals, 1984

Wesley v. Commissioner of Public Safety

Wesley v. Commissioner of Public Safety
Minnesota Court of Appeals · Decided September 11, 1984 · Foley, Huspeni, Parker
354 N.W.2d 526; 1984 Minn. App. LEXIS 3534 (North Western Reporter, Second Series)

Wesley v. Commissioner of Public Safety

Opinion of the Court

OPINION

PARKER, Judge.

Wesley appeals his driver’s license revocation. He was arrested for D.W.I. on August 24, 1983. At that time the arresting officer issued Wesley a notice and order of revocation pursuant to Minn.Stat. § 169.123(5a) (1982). The notice provided for judicial review of the revocation if Wesley filed a petition with the court within 30 days. Minn.Stat. § 169.123(5c) (1982). Thirty-four days later, on September 27, 1983, Wesley’s attorney filed the petition for review with the court. The court determined that it lacked jurisdiction to hear the matter.

Thorud v. Commissioner of Public Safety, 349 N.W.2d 343 (Minn.Ct.App. 1984), is dispositive of this issue. In Tho-rud we held that the 30-day petition period *527for a revocation hearing is jurisdictional. Therefore, the court correctly concluded that it lacked jurisdiction over Wesley’s petition. We affirm.

Affirmed.

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