Howard v. Fletcher

Paragraph (b) of subdivision 2 of section 71 of the Vehicle and Traffic Law of this State makes revocation mandatory where the holder of a license or certificate is convicted of “ an offense consisting of operating a motor vehicle or motor cycle while under the influence of intoxicating liquor where the conviction was had outside this state”.

*800The Commissioner of Motor Vehicles in revocation proceedings acts in a quasi-judicial capacity and his power should be exercised in a legal manner upon competent evidence. Congress has indicated the conditions under which records and judicial proceedings…