Viewpoint two: Constitutionality of roadblock is within the scope of Administrative License Suspension hearing.
Topic: DUI, Decided by: Judge Walker
Docket Number: 1403305 , Decision Date: August 18, 2013
Attachment: Click here to download the decision.
Docket Number: 1403305 , Decision Date: August 18, 2013
Attachment: Click here to download the decision.
In Hamilton v. the Department of Drivers’ Services, Judge Walker held that the state must produce evidence of the constitutionality of a roadblock in order to show that the driver stopped at the roadblock was lawfully arrested, a matter within the scope of the Administrative License Suspension hearing. This view is not shared by all OSAH judges. See Sankeralli v. Department of Drivers’ Services for the contrasting viewpoint.