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California court rules DMV breaches due process rights

April 29, 2022

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The DMV permits hearing officers in the “administrative per se” or APS system to hold dual positions as the agency’s advocate and as an impartial decision-maker, which violates drivers’ due process rights, a California court recently said.

The plaintiffs – California DUI Lawyers Association and an individual attorney – initiated the case of California DUI Lawyers Association et al. v. California Department of Motor Vehicles et al. The case focuses on the DMV’s administrative hearings, which decide whether the automatic suspension of the license of a driver arrested for driving under the influence is warranted.

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