Wolney v. Secretary of State

This appeal challenges the statutory hearing procedure afforded those persons who request a hearing after refusing to take a chemical test upon being arrested for driving under the *63influence of intoxicating liquor.1 Following such a hearing, at which adverse determinations of fact were made and after the resulting suspension of the driver’s license, plaintiff sought review in the circuit court. The circuit court held that the statutory procedure denied the driver due process of law2 and, since the suspension period for the driver’s license had already expired, the court ordered that the…