DUI
California DUI News: DMV License Revocation Ruling
MARIN COUNTY - Judge's Ruling Won't Change DMV Process.
Saturday, April 11, 1998
San Rafael -- A Marin County judge ruled yesterday that the Department of Motor Vehicles does not have to dismiss license suspensions faced by suspected drunken drivers throughout the state.
Attorney Paul Burglin had argued that delays in the DMV's license revocation hearings had violated the rights of 10 of his Marin clients -- as well as the rights of drivers in similar circumstances across the state.
Superior Court Judge Vernon Smith disagreed, however, saying that although the law specifies that the DMV "shall hold a hearing'' before a license suspension takes effect, delays in those hearings don't mean that the agency has lost its jurisdiction. Drivers are issued temporary licenses to use until the hearing takes place.
Although he represents people facing drunken-driving charges, Burglin had also charged that the delays subvert the law's intent: to keep intoxicated motorists off the road by quickly suspending their licenses.
©1998 San Francisco Chronicle Page A15
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