Pooler v. Motor Vehicles Division

This case arises from the suspension of a driver license following the driver’s failure of a chemical breath test. Two questions are presented: (1) Whether the scope of the administrative hearing included determination of the validity of the arrest; and (2) whether the driver was validly arrested. Because there is no record before us of the findings made below, the underlying and apparently undisputed facts are taken from the briefs and memoranda of the parties:

On June 29, 1985, at approximately 2:40 a.m., respondent’s vehicle approached a state police-conducted sobriety roadblock. Respondent…