Bill > A2476

Introduced Session

This bill requires law enforcement officers to issue an immediate preliminary suspension of a person's driver's license for certain drunk driving offenses. Under the bill, a law enforcement officer is required to issue an immediate preliminary suspension of the driver's license of any person who is arrested for driving while intoxicated, refusal to submit to a breath test, or, in the case of a person who under 21 years of age, operating a motor vehicle with a blood alcohol concentration of 0.01 percent or more, but less than 0.08 percent. If the person's driver's license was issued in another state, the law enforcement officer is required to issue an immediate preliminary suspension of the nonresident reciprocity privilege. In addition, the bill requires the law enforcement officer to immediately confiscate the person's driver's license, unless the driver's license was issued by another state. Under the provisions of this bill, the law enforcement officer is required to forward to the chief administrator the confiscated driver's license, the notice of the immediate preliminary suspension of the driver's license or nonresident reciprocity privilege, and a report which is to include the reason for the suspension. In addition, the bill requires the chief administrator to notify, in writing, the person whose driver's license or nonresident reciprocity privilege was suspended that the person has the right to request a hearing to contest the issuance of the suspension. The bill provides that a person may request a hearing by notifying the chief administrator within 10 days from the date on which the notice informing the person of the right to the hearing was mailed. A hearing is required to be held by an administrative law judge within 10 days of receipt of a request for a hearing. The bill provides that the purpose of the hearing is to determine if, pending adjudication of the charge against the person by a municipal court, the preliminary suspension issued by the law enforcement officer under the bill's provisions is to remain in effect. At the hearing, the judge is to determine by clear and convincing evidence if there was a factual basis upon which the person was initially stopped by the law enforcement officer and whether the person was properly charged with driving while intoxicated, refusal to submit to a breath test, or, in the case of a person under 21 years of age, operating a motor vehicle with a blood alcohol concentration of 0.01 percent or more, but less than 0.08 percent and if so, the preliminary suspension is to be continued pending adjudication of the charge against the person by the municipal court. Finally, the bill provides that the period of preliminary suspension imposed under the bill is to be deducted from any suspension imposed as a result of the adjudication of the charge against the person by a municipal court.

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Greg McGuckin (R)*, 

Introduced, Referred to Assembly Judiciary Committee (on 02/14/2022)

Official Document