Hilton v. Motor Vehicles Division

In this driver’s license suspension proceeding, we allowed review to interpret the statutes governing the hearing process for suspending the driver’s license of a licensee who failed a sobriety test. The issue is whether the Motor Vehicles Division (MVD) must consider as an issue at that hearing the licensee’s claim that he was not driving at the time the police stopped his car and ordered him to submit to a breath test. We hold that the issue of whether an arrestee was driving is within the scope of the suspension hearing.

Police officers stopped a car occupied by Hilton and a companion.…