Souter v. Department of Highway Safety & Motor Vehicles

BOYER, Judge.

Petitioner here challenges the constitutionality of certain acts of the Department of Highway Safety and Motor Vehicles taken pursuant to F.S. § 322.27(5) which requires the Department to revoke the license of any person designated as an habitual traffic offender as defined by F.S. § 322.264.

Specifically, petitioner asserts that the procedure employed by the Department violates fundamental principles of due process in that notice and an opportunity to be heard were not afforded the petitioner prior to the revocation of his license. This point has been specifically considered and…