(DOWNLOAD) "Hernandez V. Department Of Motor Vehicles" by Supreme Court Of California # eBook PDF Kindle ePub Free
eBook details
- Title: Hernandez V. Department Of Motor Vehicles
- Author : Supreme Court Of California
- Release Date : January 22, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
Since 1966, section 13353 of the Vehicle Code -- California's "implied consent" law*fn1 -- has provided for a six-month suspension of an individual's driver's license when the individual, after having been lawfully arrested for drunk driving and fully informed of his rights, refuses to submit to any one of three statutorily prescribed chemical tests which are designed to provide scientifically measurable evidence as to the degree of the driver's intoxication at the time of his arrest. Past cases have upheld the constitutionality of section 13353 against claims that the statute (1) violates the driver's privilege against self-incrimination,*fn2 (2) authorizes an unreasonable search or seizure,*fn3 (3) denies equal protection to variously defined classes,*fn4 and (4) fails to satisfy procedural due process requirements.*fn5