Whitesides v. State, Department of Public Safety, Division of Motor Vehicles

*1132OPINION

MATTHEWS, Chief Justice.

The question presented is whether licensed drivers are entitled to in-person hearings before a hearing officer concerning the revocation of their licenses, or whether telephone hearings satisfy due process. We hold that where drivers' credibility is material in-person hearings are required. 'The right to drive is important, in-person communications are more effective in transmitting a sense of whether a party is telling the truth, and added costs do not outweigh the value of in-person hearings.

Facts

At approximately 11:00 pm. on January 28, 1996, Ketchikan Police…