Re: Administrative Licence Revocation

From: Cheryl Nyberg (cnyberg@u.washington.edu)
Date: Mon Mar 31 1997 - 16:16:10 PST


Linda,

Here are some law review references from the soon-to-be-published 1995-96
volume of the Subject Compilations of State Laws series:

Miyoshi, Stephanie Ann. "Is the DUI Double-Jeopardy Defense D.O.A.?"
Loyola of Los Angeles Law Review 29 (1996):1273-1318.
        Pp. 1273-74, fn. 7. Covers drunk driving laws that permit
"automatic license suspensions or revocations for those drivers who
either refuse a test for alcohol or who take the test and score above the
legal limit."

        Pp. 1283-86, fns. 76-78 and 80. Citations only. Cites to codes.
Covers implied consent laws (fn. 76); license suspension or revocation for
refusal to take a blood, urine, or breath test (fn. 77); license
suspension or revocation for testing above the legal blood alcohol content
limit (fn. 78); and the driver's right to request an administrative
hearing (fn. 80).

Dayok, Jennifer E. "Administrative Driver's License Suspension: A Remedial
Tool That Is Not in Jeopardy." American University Law Review 45
(1996):1151-84.
        Pp. 1153-55, fn. 9. Citations only. Cites to session laws and
codes. Covers the forty states that have laws that "provide for the
immediate suspension of a license when the driver fails a breath test,"
the forty-four states that have laws on license suspension when the driver
refuses to submit to a breath test, the twenty-four states that have
ignition interlock laws, the twenty-one states that have laws on the
forfeiture or impoundment of vehicles or license plates, the twenty-five
states that have laws "prohibiting open containers of alcohol in the
passenger compartments of vehicles," and the twenty-eight states that have
drunk driving laws with lower blood alcohol limits for younger drivers.

Dargatis, David G. "Put Down That Drink!: The Double Jeopardy Drunk
Driving Defense Is Not Going to Save You." Iowa Law Review 81
(1996):775-809.
        P. 781, fn. 29. Citations only. Cites to codes. Covers the
thirty-eight states that have drunk driving laws with provisions on
administrative license suspension.

Cheryl

()()()()()()()()()()()()
Cheryl Rae Nyberg
Reference Librarian
Gallagher Law Library
University of Washington
cnyberg@u.washington.edu
()()()()()()()()()()()()

On Mon, 31 Mar 1997, Linda K Gingrich wrote:

>
> I am looking for a survey which compiles administrative license
> revocation (ARL) statutes. I already have the Digest of State
> Alcohol-Highway Safety Related Legislation, 15th ed. (1997) published by
> the National Highway Traffic Safety Administration (thanks to Cheryl
> Nyberg's reference to an earlier edition in Subject Compilations of State
> Laws 1993-1994). The problem with the NHTSA digest is that it is arranged
> by state and covers other topics as well as ALR. We would like to find a
> survey that deals only with ALR and those states which have adopted this
> procedure. My preliminary search on the Internet has not been very
> productive and we have been overbudget for the last two months on
> Lexis so we're trying other alternatives:(
>
> Any suggestions?
>
> Linda Gingrich, MLS
> Missouri Court of Appels, W.D.
> Kansas City, MO 64106
> e-mail: lgingric@jcccnet.johnco.cc.ks.us
>
>



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