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State v. Tollman

Supreme Court of Idaho

November 8, 2017

STATE OF IDAHO, Plaintiff-Respondent,
v.
TERESA LEE TOLLMAN, Defendant-Appellant.

         2017 Opinion No. 115

         Appeal from the District Court of the Fourth Judicial District of the State of Idaho, Ada County. Hon. Melissa Moody, District Judge.

         The District Court's Order Denying Motion for Restricted Driving privileges is affirmed.

          Eric D. Fredericksen, Idaho State Appellate Public Defender, Boise, attorney for appellant. Brian R. Dickson argued.

          Hon. Lawrence G. Wasden, Idaho Attorney General, Boise, attorney for respondent. Kenneth K. Jorgensen argued.

          JONES, JUSTICE

         I. Nature of the Case

         In a case arising out of Ada County, Teresa Lee Tollman ("Tollman") appeals a district court's order denying her motion for a restricted driver's license. Specifically, Tollman argues that the district court erred when it failed to apply a 2015 amendment to Idaho Code section 18-8005(6)(d) (the "Amendment"), which permitted her to apply for a restricted driver's license. Tollman argues that the Amendment should have been applied because she filed her request for a restricted driver's license after the Amendment was enacted.

         II. Factual and Procedural Background

         In December 2012, Tollman pled guilty to the felony crime of driving under the influence. In March 2013, the district court sentenced Tollman to a unified term of ten years, with two and a half years fixed followed by seven and a half years indeterminate. The judgment required that Tollman's driver's license be absolutely suspended for five years beginning on the date of Tollman's release from custody.

         On March 14, 2016, Tollman applied[1] for a restricted driver's license to drive to and from work. On March 21, 2016, the district court denied the motion for restricted driving privileges based on Idaho Code section 18-8005(6)(d), acknowledging that at the time Tollman was convicted, the statute read that a defendant convicted of felony driving under the influence:

Shall have his driving privileges suspended by the court for a mandatory minimum period of one (1) year after release from imprisonment, and may have his driving privileges suspended by the court for not to exceed five (5) years after release from imprisonment, during which time he shall have absolutely no driving privileges of any kind.

         The district court noted that in 2015 the legislature amended the section to read that a defendant:

Shall have his driving privileges suspended by the court for a mandatory minimum period of one (1) year after release from imprisonment, during which time he shall have absolutely no driving privileges of any kind, and may have his driving privileges suspended by the court for an additional period not to exceed four (4) years, during which the defendant may request restricted driving privileges that the court may allow if the defendant shows by a ...

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