Dana v. Petit

The petitioners in these cases challenge an administrative regulation of the Division of Motor Vehicles (the division) which requires that a motor vehicle operator, prior to being given a hearing on his refusal to submit to a *170breathalyzer test, surrender his permanent driver’s license to the division in exchange for a temporary permit pending the out-come of the hearing. Because of the similarilty of the issues presented, these cases were consolidated for argument and decision.

On November 21, 1975, Robert E. Dana, petitioner in No. 77-324-M.P., was stopped by a police officer in Narragansett…