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: 2013-08-18 
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.