Legal Opinion

Best v. State, Department of Transportation

Court of Appeals of Wisconsin

Decided November 10, 1980No. 80-413PublishedCited by 2 opinions

1Opinion of the CourtScott, J.

Best appeals from the circuit court’s judgment affirming the amended order of the Division of Motor Vehicles suspending for six months Best’s probationary license to drive. We reverse on the ground that the State did not afford Best the requirements of procedural due process in that it failed to promulgate ascertainable standards for the exercise of administrative discretion in determining the length of license suspensions.

Even though the six-month license suspension has expired, we do not dismiss this appeal as being moot. The “great weight of authority supports the proposition that an…

2Cases cited10 opinions

  1. Fuentes v. ShevinSupreme Court of the United States · 1972
  2. Dixon v. LoveSupreme Court of the United States · 1977
  3. Mrs. Lola Hornsby v. Ivan Allen, Mayor of the City of AtlantaCourt of Appeals for the Fifth Circuit · 1964
  4. James Holmes v. New York City Housing AuthorityCourt of Appeals for the Second Circuit · 1968
  5. Schmidt v. Department of Local Affairs & DevelopmentWisconsin Supreme Court · 1968

5 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. State v. PetersonCourt of Appeals of Wisconsin · 1981
  2. Opinion No. Oag 2-88, (1988), Wisconsin Attorney General Reports1988

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