http://www.duiblog.com/2004/10/22/due-process-and-automatic-dui-license-suspensions/ Bad Drunk Driving Laws, False Evidence and a Fading Constitution Wed, 08 Feb 2012 23:35:13 +0000 hourly 1 http://wordpress.org/?v=3.1.3 http://www.duiblog.com/2004/10/22/due-process-and-automatic-dui-license-suspensions/comment-page-1/#comment-2043 ruReadyMyFriend Tue, 16 Dec 2008 19:48:59 +0000 http://duiblog.level2hosting.com/?p=27#comment-2043 After having my license immediately suspended and given a 30 day permit to drive, while driving my son to a collage interview, I was stopped for speeding in a neighboring state, the officer called in my License and did not give my "Paper Permit" much credibility. The dispatch came back with "yes, it's suspended" and I was also given a "Driving on a Suspended license" ticket which I now need to go to an arraignment and plead not guilty to and probably agree to a lesser charge, pay the fine just to get it over with, and drive the 365 miles back home. If my son wasn’t with me to take over driving, the car would have been towed and I would have been arrested and Arraigned on the following Monday. Whew… What a system!!! After having my license immediately suspended and given a 30 day permit to drive, while driving my son to a collage interview, I was stopped for speeding in a neighboring state, the officer called in my License and did not give my “Paper Permit” much credibility. The dispatch came back with “yes, it’s suspended” and I was also given a “Driving on a Suspended license” ticket which I now need to go to an arraignment and plead not guilty to and probably agree to a lesser charge, pay the fine just to get it over with, and drive the 365 miles back home. If my son wasn’t with me to take over driving, the car would have been towed and I would have been arrested and Arraigned on the following Monday. Whew… What a system!!!

]]> http://www.duiblog.com/2004/10/22/due-process-and-automatic-dui-license-suspensions/comment-page-1/#comment-240 DUI BLOG : Bad Drunk Driving Laws, False Evidence and a Fading Constitution Tue, 27 Mar 2007 15:35:03 +0000 http://duiblog.level2hosting.com/?p=27#comment-240 [...] Due Process and Automatic DUI License Suspensions [...] […] Due Process and Automatic DUI License Suspensions […]

]]> http://www.duiblog.com/2004/10/22/due-process-and-automatic-dui-license-suspensions/comment-page-1/#comment-141 DUI BLOG : Bad Drunk Driving Laws, False Evidence and a Fading Constitution Mon, 11 Dec 2006 22:16:06 +0000 http://duiblog.level2hosting.com/?p=27#comment-141 [...] When a citizen is booked for drunk driving, his driver’s license is confiscated by the officer and a notice of immediate suspension from the state’s Department of Motor Vehicles is handed to him. The officer is judge, jury and executioner; there is no presumption of innocence. The only remedy available to the citizen is to request an administrative hearing before the state’s DMV — the very agency which is trying to suspend the license. (See my earlier post, “Due Process and the Automatic License Suspension“.) Periodically, however, some conscientious judge decides that maybe due process (which is just a legal word for “fairness”) before the DMV isn’t all that it should be: [...] […] When a citizen is booked for drunk driving, his driver’s license is confiscated by the officer and a notice of immediate suspension from the state’s Department of Motor Vehicles is handed to him. The officer is judge, jury and executioner; there is no presumption of innocence. The only remedy available to the citizen is to request an administrative hearing before the state’s DMV — the very agency which is trying to suspend the license. (See my earlier post, “Due Process and the Automatic License Suspension“.) Periodically, however, some conscientious judge decides that maybe due process (which is just a legal word for “fairness”) before the DMV isn’t all that it should be: […]

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