Ditton v. Department of Justice Motor Vehicle Division
2014 MT 54
| Mont. | 2014Background
- Ditton filed a petition to reinstate his driver’s license under § 61-8-403, MCA, with a stay of suspension pending hearing.
- The district court denied default judgment against the State for failure to respond within 20 days, citing § 61-8-403 and lack of a State pleading requirement.
- The court later granted Ditton’s March 16, 2012 motion to reinstate based on acquittal, then vacated that order after the State challenged it.
- The State argued res judicata, collateral estoppel, and law-of-the-case did not apply; the district court found the March 16 order premature and allowed response.
- A July 2012 hearing culminated in a May 14, 2013 order denying reinstatement after evaluating reasonable grounds, arrest, and testing refusals under § 61-8-403(4)(a).
- On appeal, the Montana Supreme Court affirmed the district court’s denial of reinstatement and rejected due-process/privacy challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Default judgment against State improper | Ditton asserted State failed to answer within 20 days. | State contends § 61-8-403 governs, not Rule 12; no pre-answer filing required. | District Court correctly denied default judgment. |
| Vacatur of judgment after acquittal proper | Law of the case or res judicata entitled permanent reinstatement. | Acquittal does not resolve reinstatement; court acted prematurely. | No manifest abuse; vacatur proper and justified. |
| Petition for reinstatement proper grounds | Acquittal and collateral estoppel required reinstatement. | Issues limited to reasonable grounds, arrest, and testing refusals; acquittal irrelevant. | District court did not err; denial upheld. |
| Due process and privacy claims | Blood draw and prosecutorial nondisclosure violated rights. | Those events are irrelevant to reinstatement; credibility assessment proper. | Claims not persuasive; affirmed denial. |
Key Cases Cited
- Patterson v. State, 2002 MT 97 (Mont. 2002) (hearing under § 61-8-403 is a civil proceeding and follows civil procedure)
- Blake v. State, 226 Mont. 193 (Mont. 1987) (statutory framework governs reinstatement; no authority to grant restricted license)
- Kleinsasser v. State, 2002 MT 36 (Mont. 2002) (61-8-403(4) limits issues; no extraneous factors)
- In re Orman, 224 Mont. 332 (Mont. 1986) (statutory controls appeal in license suspension matters)
- Gebhardt v. State, 238 Mont. 90 (Mont. 1989) (license reinstatement is civil and distinct from criminal trial)
- Bush v. Dept. of Just., 1998 MT 270 (Mont. 1998) (issues limited to § 61-8-403(4)(a); testing refusals decisive)
- Thompson v. Dept. of Just., 264 Mont. 372 (Mont. 1994) (criminal acquittal not controlling in reinstatement proceeding)
- Muri v. State, 2004 MT 192 (Mont. 2004) (standards for reviewing reinstatement petitions; deference to findings)