Opinion

Director, Department of Public Safety v. Irvine

  • 603 So. 2d 1074
  • 1992 Ala. Civ. App. LEXIS 380
  • 1992 WL 186049
Court
Court of Civil Appeals of Alabama
Filed
Aug 7, 1992
Status
Published
Author
Robertson
On the bench
Thigpen, Russell, Robertson
Cited by
3 cases

holding that, under a similar driver's license disciplinary statute, Ala. Code 1975, § 32-5A-195(q), a judicial-review proceeding "is a de novo hearing, i.e., the trial court is empowered to have a hearing, to take testimony, to receive evidence, and to make a finding on its own," and "the [d]irector [of the disciplining agency] ha[s] the burden of proof"

How later courts described this case

  • holding that, under a similar driver's license disciplinary statute, Ala. Code 1975, § 32-5A-195(q), a judicial-review proceeding "is a de novo hearing, i.e., the trial court is empowered to have a hearing, to take testimony, to receive evidence, and to make a finding on its own," and "the [d]irector [of the disciplining agency] ha[s] the burden of proof"
  • holding that, under a similar driver's license disciplinary statute, Ala. Code 1975, § 32-5A-195(q

Written by the judges who cited it.

The opinion

ROBERTSON, Presiding Judge,

dissenting.

While the majority opinion quotes Madison for the proposition that this is a civil proceeding, I disagree. The Madison case involved a question of automobile liability insurance and the sixth amendment right to counsel, and this court held that the sixth amendment extends only to criminal or quasi-criminal cases and that Madison was a civil proceeding.

The license suspension in this case is based on a charge of driving under the influence of intoxicating liquors in the State of Georgia where Irvine entered a “nolo contendere” plea. It is my opinion that this proceeding is quasi-criminal in nature, and, as such, the trial court did not err in refusing to allow the Director to call Irvine as an adverse witness. If it was error, after a review of the record, I would find it to be harmless error in this case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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