Appellate court ruling potentially affects tens of thousands of cases for those who appeal their driver’s license suspensions.
The method used by the California Department of Motor Vehicles to suspend the drivers’ licenses of some motorists arrested for driving under the influence is unconstitutional, an appellate court has ruled.
A three-member panel of the Second District Court of Appeal ruled Friday that the dual role of the hearing officer/advocate creates an unacceptable risk of bias — a decision that could affect tens of thousands of hearings a year. According to the DMV, 123,548 people were arrested for driving under the influence in 2017 and 4,944 arrested for felony drunken driving statewide.
DMV spokesman Chris Orrock said the department is reviewing the appellate ruling and would not comment further. The hearing is conducted before an officer, who also presents the DMV’s case for suspension, acting as a prosecutor of sorts.“For years we have been arguing that it’s not fair,” said Donald Bartell, a director with the association and DUI lawyer from Riverside. “They get to present their case and then decide if it’s credible. … You can’t wear two hats.”
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