Douglas S Harroun
7020 Edith Blvd NE
Albuquerque, New Mexico
87113

March 10, 2005

Motor Vehicle Division
Penalty Assessment Section
1100 S. St. Francis Dr, Rm 2093
P.O. Box 1028
Santa Fe, New Mexico  87504

On February 22 I received the enclosed "Notice of Intention to Suspend".

Please be advised that this is the second Notice of Intention to Suspend I have received that is in apparent violation of Section 66-8-137.4 NMSA 1978, which affords due process safeguards I feel have been ignored. 

This is my second letter to the MVD in regards to this matter. My first letter was sent on, or about, February 14, 2005, and is enclosed for easy reference. 

I am at a loss to understand how the following situation occurred:

In the first "Notice of Intention to Suspend" I am informed that my drivers license will be suspended effective twenty (20) days from the mailing of the notice. The internal mailing date is registered as January 13, 2005 (01132005) which makes my suspension active on February 02, 2005 (02022005). However, the notice was not post marked until February 04, 2005, a full 22 days after the internal "MAILING DATE" and a full two days after the suspension would have gone into effect. (please see enclosures)

In the second "Notice of Intention to Suspend" I am informed that my drivers license will be suspended effective twenty (20) days from the mailing of the notice. The internal mailing date is registered as December 09, 2004 (12092004) which makes my suspension active on December 29, 2004 (12292004). However, the notice was not post marked until February 22, 2005, a full 75 days after the internal "MAILING DATE" and 55 days after the suspension would have gone into effect. (please see enclosures)

Please find, also enclosed, a copy of the Emery Country Justice Courts Acknowledgment of Compliance. 

I would ask that in consideration of the above circumstances my driver's license be reinstated effective December 08, 2004 or at such a date as to void any fine or fee incurred. 

Thank you for your understanding in this matter.

Sincerely, 

Douglas S Harroun.

Encl. (5)