Legal Opinion · Dissent

Gargagliano v. Secretary of State

Michigan Court of Appeals

Decided June 10, 1975No. Docket 19759Published

1DissentO’Hara, J.

This opinion was assigned to Judge Kaufman for the preparation of the Court’s opinion. I accept in its entirety his recitation of facts and his statement of the procedural sequence in this case.

I further agree with my colleague that the constitutional guarantee of due process requires that *21plaintiff be afforded the opportunity for a hearing at which she can raise whatever arguments or defenses she chooses in response to the Secretary of State’s decision to suspend her driving privileges.

I am, however, unable to agree with his conclusion as to the unconstitutionality of MCLA 257.303a; MSA…

2Cases cited8 opinions

  1. Goldberg v. KellySupreme Court of the United States · 1970
  2. Bell v. BursonSupreme Court of the United States · 1971
  3. Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
  4. Wisconsin v. ConstantineauSupreme Court of the United States · 1971
  5. Mitchell v. W. T. Grant Co.Supreme Court of the United States · 1974

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