New Mexico Court of Appeals November 9, 2000, 20,236 (STATE TAXATION & REVENUE DEPT. v. Bargas)

OPINION

BUSTAMANTE, Judge.

{1} Joseph Bargas’s driver’s license was revoked pursuant to the Implied Consent Act, NMSA 1978, §§ 66-8-105 to -112 (1978, as amended through 1993) (the Act). The district court reversed, holding that the Motor Vehicle Division (MVD) did not hold the revocation hearing within ninety days as required by the Act. MVD appeals, arguing Bargas had waived the time limit.