Ditton v. Dep’t of Justice Motor Vehicle Div.Annotate this Case
After Petitioner was involved in an accident from allegedly hitting a building with his truck, Petitioner was cited for DUI, third offense. Petitioner’s driver’s license was seized based on his refusal to submit to a blood or breath test. Defendant subsequently filed a petition to reinstate his driver’s license. The hearing on Petitioner’s petition was continued several times. Meanwhile, a jury found Defendant not guilty of the underlying DUI charge. Based on this acquittal and “res judicata and/or collateral estoppel” principles, Petitioner filed a petition asking the district court to enter judgment against the State on his petition and to permanently reinstate his license. The district court denied the petition. The Supreme Court affirmed, holding that the district court did not err in denying Petitioner’s petition for reinstatement of his driver’s license, as the acquittal in municipal court did not establish res judicata or collateral estoppel in Petitioner’s reinstatement proceeding.