 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Chase v. Neth5/27/2005
view on this issue. In State v. Lussier, 171 Vt. 19, 23, 757 A.2d 1017, 1020 (2000), the court concluded that the Vermont Legislature "assumed that a constitutional stop would be a necessary predicate" to a finding of reasonable grounds for suspicion of DUI under Vermont's ALR statutes. The court applied a balancing test similar to that used in United States v. Janis, 428 U.S. 433, 96 S.Ct. 3021, 49 L.Ed. 2d 1046 (1976), but concluded that the deterrent effect of the exclusionary rule "is just as necessary to deter unlawful police conduct in the context of civil suspension proceedings as it is in related criminal proceedings." 171 Vt. at 32, 757 A.2d at 1026. See, also, People v. Krueger, 208 Ill. App. 3d 897, 567 N.E.2d 717, 153 Ill. Dec. 759 (1991) (statutory language required application of exclusionary rule in civil ALR proceeding); Pooler v. MVD, 306 Or. 47, 755 P.2d 701 (1988) (same); Olson v. Com'r of Public Safety, 371 N.W.2d 552 (Minn. 1985) (assuming without rationale that exclusionary rule applied in civil ALR proceeding).
[11,12] We adopt the majority view and hold that the Fourth Amendment exclusionary rule is inapplicable to ALR proceedings, except as it may apply indirectly through § 60-498.02(4)(a). See Hass v. Neth, 265 Neb. 321, 657 N.W.2d 11 (2003). As noted, the statutes in effect at the time of Chase's arrest do not require the State to establish the validity of the arrest, that requirement having been specifically removed from the statutes by the 2003 amendments. Unlike the statutory scheme before us in Hass, which operated as a form of statutory exclusionary rule, the Legislature did not provide that an ALR for refusal to submit to a chemical test was dependent upon a successful criminal prosecution for that offense. We have held that an ALR is a civil remedy with a non-punitive purpose and that
dministrative license revocation serves different purposes when it is imposed for refusal to submit to a chemical test. In the context of failing a chemical test, the purpose of administrative license revocation is limited to protecting public health and safety. In the context of refusal to submit to a chemical test, administrative license revocation both protects public health and safety and facilitates the gathering of evidence, which is yet another non-punitive purpose.
State v. Howell, 254 Neb. 247, 256, 575 N.W.2d 861, 867 (1998). See, also, Schindler v. Department of Motor Vehicles, 256 Neb. 782, 593 N.W.2d 295 (1999). We agree with those courts which have concluded that extension of the exclusionary rule to this type of civil proceeding would accomplish little in terms of deterring improper police conduct, given the applicability of the rule in criminal proceedings. We also agree that any marginal deterrent value would be outweighed by the pubic health and safety interests which the ALR statutes are intended to protect. Thus, we conclude that the absence of a statutory procedure for challenging the validity of the traffic stop on Fourth Amendment grounds does not render the ALR statutes unconstitutional as applied to motorists who refuse to submit to a chemical test of alcohol concentration.
Due Process
The remaining question is whether the provisions of the ALR statutes pertaining to refusal to submit satisfy Chase's right to due process. The first step in this analysis is to identify a property or liberty interest entitled to due process protections. Hass v. Neth, supra; Marshall v. Wimes, 261 Neb. 846, 626 N.W.2d 229 (2001). Suspension of issued motor vehicle operators' licenses involves state action that adjudicates important property interests of the licensees. In such cases, the licenses are not to be taken away without that
Page 1 2 3 4 5 6 7 8 Nebraska DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|