Legal Topics

Licensing — Driver’s license — Suspension — Driving under influence — Hearings — Witnesses — Telephonic oath

Aug 23rd, 2020 in News by admin

Licensing — Driver’s license — Suspension — Driving under influence — Hearings — Witnesses — Telephonic oath — Where arresting officer appeared telephonically at formal review hearing without duty officer or notary present with officer to independently verify his identity, oath administered by hearing officer was invalid — While hearing officer has authority to administer oaths telephonically, for oath to be proper witness must appear before duty officer or notary who can vouch for their identity — Fact that hearing officer could have rendered decision based solely on documents without testimony of officer is irrelevant where there has been denial of due process — Petition for writ of certiorari is granted