State , Department of Motor Vehicles v. Stone
State , Department of Motor Vehicles v. Stone
Opinion of the Court
OPINION
This appeal is from a judgment entered September 5, 1978, reversing the decision of a Hearing Officer for the Department of Motor Vehicles. The Hearing Officer had determined that the refusal of Ann Williams Stone to submit to a breathalyzer machine test violated Nevada’s Implied Consent Law. Stone’s driving privileges were ordered suspended for a period of six (6) months.
Appellant, alleging unexplained and unexcused procedural derelictions by respondent has filed, and served on respondent,
In addition to respondent’s previous omissions, she has neither opposed the motion to reverse, nor tendered any reason for her failure to do so. Under these circumstances, we elect to treat respondent’s conduct as a confession of error. See Kitchen Factors, Inc. v. Brown, cited above.
The judgment in respondent’s favor is reversed and the district court is instructed to dismiss, with prejudice, the “petition for review of order of suspension,” Ann Williams Stone filed in the district court May 22, 1978.
Reference
- Full Case Name
- STATE OF NEVADA, DEPARTMENT OF MOTOR VEHICLES v. ANN WILLIAMS STONE
- Cited By
- 1 case
- Status
- Published