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Posted about 3 years ago.

Thanks - Is there any way to hold their feet to the fire? Can I appeal to the Courts? State or Federal?

Peter D. King
Peter D. King, Criminal Defense Attorney - Pleasanton, CA
Posted about 3 years ago.

It depends what their procedures are and what remedies are made available. Look to the procedural rules set out by RMV and any state statutes that govern what authority the agency has to suspend licenses without a hearing. They may be acting within their power. It all depends on what protections you are granted in the administrative rules and state statutes. The federal courts will not intervene here because there is no right to drive, so 5th and 14th amendment due process are not applicable, unfortunately. Issuing and revoking driving privileges is within the Police powers of the individual states and the federal government cannot get involved unless there is a conflict with federal law.

Your best bet is to call RMV, explain the situation, and ask if you have any recourse. Contacting an attorney in your state who is familiar with RMV proceedings is actually an even better idea.