Viewpoint one: Constitutionality of roadblock is outside the scope of Administrative License Suspension hearing.

Topic: DUI, Decided by: Judge Schroer 
Docket Number: 1101047 , Decision Date: August 31, 2010 
Attachment: Click here to download the decision. 

In Sankeralli v. the Department of Drivers’ Services, Judge Schroer held that the constitutionality of the roadblock that lead to the driver’s arrest for driving under the influence (DUI) is outside the scope of an Administrative License Suspension hearing, because the exclusionary rule, the remedy for unconstitutional searches and seizures, does not apply in an administrative setting.  This view is not shared by all OSAH judges. See Hamilton v. Department of Drivers’ Services for the contrasting viewpoint.

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