BAUER v. MALLOY

No. 243-76.

376 A.2d 17 (1977)

Raymond BAUER v. James E. MALLOY, Commissioner of the Department of Motor Vehicles.

Supreme Court of Vermont.

April 5, 1977.


Attorney(s) appearing for the Case

Patrick R. Berg, Elliot M. Burg, and John H. Hasen, Vermont Legal Aid, Inc., Rutland, for plaintiff.

M. Jerome Diamond, Atty. Gen., and Richard M. Finn, Asst. Atty. Gen., Montpelier, for defendant.

Before BARNEY, C. J., LARROW and BILLINGS, JJ., SHANGRAW, C. J. (Ret.), and SMITH, J. (Ret.), specially assigned.


BILLINGS, Justice.

This action seeks to declare unconstitutional the provisions of 23 V.S.A. § 110 which require the suspension of a motor vehicle license when a bad check, uttered for payment of fees, is not made good "forthwith" after notice of dishonor. The claim is that this provision violates the Due Process Clauses of the United States and Vermont Constitutions, and further, that it imposes a constitutionally prohibited excessive penalty.

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