Bauer v. Malloy

This action seeks to declare unconstitutional the provisions of 23 V.S.A. § 110 which require the suspension of a motor vehicle license when a bad check, uttered for payment of fees, is not made good “forthwith” after notice of dishonor. The claim is that this provision violates the Due Process Clauses of the United States and Vermont Constitutions, and further, that it imposes a constitutionally prohibited excessive penalty.

In January, 1974, the plaintiff, a resident of Rutland and the holder of a valid Vermont motor vehicle operator’s license, gave the defendant a check in the amount of…