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Constitutional Law • Procedural Due Process
CONLAW#093
Legal Definition
Prior evidentiary hearing except for breathalyzer test suspension statutes.
Plain English Explanation
Usually, before the government can take away an important right like having a driver's license, there has to be a hearing first. At the hearing, the driver can argue their case and show evidence about why their license should not be suspended. This ensures some due process before losing driving privileges. However, if the suspension is because someone failed a breathalyzer test for drunk driving, the hearing is not required first. The breath test provides strong evidence of drunk driving, so a pre-suspension hearing is not needed in that case.
Hypothetical
Hypo 1: Bob is pulled over by the police on suspicion of drunk driving. When asked to take a breathalyzer test, Bob refuses. Result: Bob's driver's license is immediately suspended by the authorities without a prior hearing, based on the law that allows suspension for refusal to take a breathalyzer test.
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