Wednesday, September 14, 2005
Copyright © Las Vegas Review-Journal

DRUNKEN DRIVING CASE: Driver's license to be revoked

DMV says ex-convict will lose privileges unless he appeals

James Yach, recently freed from prison after serving time for felony drunken driving involving death, has been issued a driver's license, but the Department of Motor Vehicles said Tuesday the agency plans to revoke it.

"We will move to revoke his license," said Kevin Malone, spokesman for the agency. "It means it will be revoked unless he appeals it."

Yach served 8 1/2 years for the 1995 death of James Michael Hastings, who died when his vehicle was hit by Yach's pickup. Hastings' widow, Virginia, has expressed outrage that Yach could retain his driving privileges.

On Tuesday, Malone confirmed the DMV gave Yach a license after he got a learner's permit and passed a test.

The issuance of the license was allowable because the Department of Motor Vehicles never received a record of Yach's conviction. If they had, Yach's license would have been automatically suspended for three years.

In District Court on Tuesday morning, Judge John McGroarty ordered the Clark County clerk's office to mail a copy of the judgement of conviction to the DMV.

"You are asking me to order the clerk's office to do something they should have done 10 years ago?" McGroarty said.

"Yes," Clark County prosecutor Bruce Nelson said.

After the brief hearing, Clark County civil attorney Mike Foley said it is unclear whether the clerk's office sent the record of conviction to the DMV, whether the DMV received it or whether the item was sent and simply lost.

"There's no record of what happened," Foley said. "That's all we know."

Malone said once the record of conviction is received, Yach's license will be revoked.

However, if Yach appeals the matter, an administrative judge will have to sort through complex issues in the case.

When Yach was convicted, Nevada law stated that the three-year suspension of a convicted drunken driver's license was to commence on the date of the conviction.

While Yach was incarcerated, the law was changed: The suspension automatically commences when the defendant is released from prison.

It is unclear which law would apply to Yach's case because Malone said such a judgement might also be dependent on when the judgement of conviction is received by the DMV.

"That's something that is going to have to be decided in court," Malone said.

Virginia Hastings said outside court Tuesday that Yach's license should be revoked.

"He murdered him with a 3,000 pound auto," Virginia Hastings said. "It's a weapon."

But Yach's attorney, Frank Cremen, said Yach is entitled to the driver's license.

"He's got his license, he's passed his test," Cremen said. "If the law is followed, this issue doesn't exist."