Stanley v. Dep't of Public Safety
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The Supreme Court affirmed the decision of the circuit court reversing the order of the Department of Public Safety disqualifying Russell Stanley's commercial driver's license (CDL) privileges, holding that the circuit court properly reversed the Department's disqualification of Stanley's CDL.
The Department disqualified Stanley's CDL privileges for one year for the reason of a "felony committed while operating a motor vehicle." Stanley requested an administrative hearing. After a hearing, the hearing officer determined that the disqualification of Stanley's CDL was required under S.D. Codified Laws 32-12A-36(4). The Department adopted the proposed decision in full. The circuit court reversed. The Supreme Court affirmed, holding that the offense that Stanley committed leading to the disqualification of his CDL privileges was not subject to mandatory CDL disqualification within section 32-12A-36(4).
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