Jennings v. Mahoney

United States Supreme Court

404 U.S. 25

Jennings  v.  Mahoney, Director, Financial Responsibility Division, Department of Public Safety of Utah

Appeal from the Supreme Court of Utah

No. 71-5179 

Appellant, an uninsured Utah motorist who was involved in an accident and whose license was suspended, attacks Utah's Motor Vehicle Safety Responsibility Act as not affording the procedural due process required by Bell v. Burson, 402 U.S. 535. However, although there is plainly a substantial question whether the statutory scheme on its face affords the procedural due process required by Bell v. Burson, here, where a state court stayed the suspension order pending completion of judicial review and conducted a hearing at which appellant was given an opportunity to present evidence and cross-examine witnesses, there was no denial of procedural due process.

26 Utah 2d 128, 485 P. 2d 1404, affirmed.

PER CURIAM.

Notes