Government,
Civil Rights
Apr. 19, 2022
No more DMV judge and prosecutor dual roles in DUI cases
“We conclude combining the roles of advocate and adjudicator in a single person employed by the DMV violates due process under the Fourteenth Amendment and the California Constitution,” 2nd District Court of Appeal Justice Brian S. Currey wrote.
People accused of driving under the influence who seek to not have their licenses suspended as they wait for a court date will no longer have hearing officers act as adjudicator and advocate for the Department of Motor Vehicles, the 2nd District Court of Appeal ruled Friday.
The court found the DMV’s practices to be unconstitutional, violating due process. According to the opinion, “The DMV also authorizes its managers to change hearing o...
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