NCJ Number
45952
Date Published
1977
Length
325 pages
Annotation
THIS TWO-VOLUME REPORT SURVEYS CURRENT DRIVER'S LICENSE REVOCATION PRACTICES IN EACH OF THE STATES, EVALUATES THE ATTENTION GIVEN TO DUE PROCESS REQUIREMENTS, AND RECOMMENDS IMPROVED PROCEDURES TO PROTECT RIGHTS.
Abstract
IN 1970 WHEN THE SUPREME COURT RULED THAT A DRIVER'S LICENSE CANNOT BE REVOKED WITHOUT DUE PROCESS OF LAW, DRIVERS' LICENSING AGENCIES BEGAN CHANGING HEARING PROCEDURES WHICH HAD LITTLE REGARD FOR THE RIGHT OF THE DRIVER. MANY STATE LEGISLATURES PASSED LAWS PROVIDING FOR MANDATORY REVOCATION FOR CERTAIN OFFENSES. THE PROBLEM IS TO BALANCE THE INDIVIDUAL'S NEED FOR A LICENSE AGAINST SOCIETY'S NEED TO GET THE DANGEROUS DRIVER OFF THE ROAD. THE INFORMATION-GATHERING PHASE OF THIS STUDY OBTAINED ANSWERS TO QUESTIONNAIRES (NOT INCLUDED) SENT TO EACH OF THE 50 STATES AND THE DISTRICT OF COLUMBIA. FOLLOWUP VISITS WERE MADE TO FLORIDA, IDAHO, LOUISIANA, NEW YORK, SOUTH CAROLINA, UTAH, AND WASHINGTON -- CHOSEN BECAUSE EACH HAD A DIFFERENT TYPE OF HEARING PROCESS. BASICALLY LICENSE WITHDRAWAL IS EITHER MANDATORY, WITH HEARING SOMETIMES PROVIDED AFTER THE FACT, OR IS OPTIONAL WITH HEARING PROVIDED BEFORE WITHDRAWAL. THESE HEARINGS VARY, FROM 'DRIVER IMPROVEMENT INTERVIEWS' WITH A MEMBER OF THE LICENSING AGENCY'S STAFF TO COURT-TYPE HEARINGS BEFORE AN IMPARTIAL PANEL. WHEN THE LICENSING FUNCTION IS IN A DEPARTMENT OF REVENUE, FEE COLLECTION AND DRIVER IDENTIFICATION ARE PARAMOUNT AND HEARING PROCEDURES TEND TO BE FORMAL, LIKE ALL TAX HEARINGS. MUCH THE SAME IS TRUE OF DRIVERS' LICENSES ISSUED BY A DEPARTMENT OF STATE. THE GREATEST CONCERN FOR LEGAL ASPECTS OF LICENSING WAS FOUND IN DEPARTMENTS OF JUSTICE, PUBLIC SAFETY OR LAW ENFORCEMENT. THESE USUALLY HAD JURISDICTION ALSO OVER THE STATE POLICE. SUCH DEPARTMENTS GENERALLY HAD GOOD DUE PROCESS PROCEDURES. THE SPECIAL MOTOR VEHICLE AND TRANSPORTATION DEPARTMENTS EMPHASIZED DRIVER IMPROVEMENT WITH LESS FORMAL HEARINGS. THE OBSERVANCE OF DUE PROCESS DEPENDED ON THE EXAMINER. IN ALL STATES THE DRIVER MAY BRING HIS OWN ATTORNEY. HOWEVER, WITNESSES MAY BE CROSS-EXAMINED IN ONLY 80 PERCENT. IN 18 STATES THERE IS NO HEARING FOR MANDATORY REVOCATIONS AND IN 13 NO HEARING FOR MANDATORY SUSPENSIONS. IF THE DRIVER IS FOUND GUILTY IN A COURT OF LAW, THE SUSPENSION OR REVOCATION IS AUTOMATIC. OFFENSES CARRYING MANDATORY PENALTIES VARY FROM STATE TO STATE, BUT GENERALLY INCLUDE NEGLIGENT HOMICIDE WITH A MOTOR VEHICLE, AND REPEATED CONVICTIONS OF DRIVING WHILE INTOXICATED. IT IS RECOMMENDED THAT PROCEDURES BE FORMALIZED, THAT NOTICE OF APPEALS PROCEDURES BE IN WRITING, AND THAT TRAINED IMPARTIAL EXAMINERS BE PROVIDED. APPENDIXES INCLUDE RESPONSES TO THE SURVEY QUESTIONNAIRE IN TABULAR FORM, A NARRATIVE SUMMARY OF OBSERVATION REPORTS FROM THE ONSITE VISITS, AND A PAPER EXAMINING THE APPLICABILITY AND REQUIREMENTS OF THE DUE PROCESS CLAUSE OF THE 14TH AMENDMENT TO DRIVER LICENSING. REFERENCES TO THE PAPER ARE PROVIDED. (GLR)