The California Department of Motor Vehicles will have to change how it determines if the automatic suspension of a drivers license following an arrest for driving under the influence is warranted, after a state appellate court found the process to be unconstitutional.
The California DUI Lawyers Association, in a lawsuit filed in 2014, alleged the administrative hearings used to determine automatic suspensions violate drivers’ due process rights under both the Fourteenth Amendment and the California constitution.
The DMV mandates that hearing officers at the administrative proceedings simultaneously act as advocates for the DMV, and as triers of fact, the suit ...
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