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Nevers v. State10/28/2005
s that we upheld in our other cases.
In sum, application of the exclusionary rule will hamper legitimate efforts to keep drunk drivers off the roads and complicate the administration of license revocations while adding minimal deterrence to unlawful police action. In addition, consideration of evidence obtained in violation of the Fourth Amendment does not undermine the procedural fairness of revocation hearings. For these reasons, we affirm the hearing officer's determination that the exclusionary rule is inapplicable to license revocation proceedings.
V. CONCLUSION
Because the exclusionary rule does not apply to license revocation proceedings (in the absence of shocking police misconduct in the obtaining of evidence or police action consciously directed at a probationer), the hearing officer correctly admitted the evidence of Nevers's intoxication and refusal to submit to the breath test. Accordingly, we AFFIRM the revocation of his driver's license.
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