61-8-808. Right of appeal to court. (1) Within 30 days after notice of the suspension and the right to a hearing has been given by the peace officer under 61-8-805 or 61-8-806, the person may file a petition to challenge the suspension in the district court in the county where the finding of 0.04 or more alcohol concentration or refusal was made.
(2) The court has jurisdiction and shall set the matter for hearing. The court shall give at least 10 days' written notice to the county attorney of the county where the appeal is filed. The county attorney shall represent the state.
(3) The court shall take testimony and examine the facts of the case, except that:
(a) with regard to a suspension under 61-8-805, the issue is limited to whether the person was driving or had actual physical control of a commercial motor vehicle while the person's alcohol concentration was 0.04 or more; and
(b) with regard to a suspension under 61-8-806, the issues are limited to whether a peace officer had reasonable grounds to believe that the person had been driving or was in actual physical control of a commercial motor vehicle upon ways of this state open to the public while the person had a measurable or detectable alcohol concentration, whether the person was ordered to submit to a test, and whether the person refused to submit to the test.
(4) The court shall determine whether the petitioner is entitled to a commercial driver's license or is subject to suspension as provided in this part.
History: En. Sec. 7, Ch. 378, L. 1989; amd. Sec. 32, Ch. 195, L. 1993; amd. Sec. 9, Ch. 53, L. 1995; amd. Sec. 8, Ch. 105, L. 1997.
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