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BEST v. STATE

No. 80-413.

99 Wis.2d 495 (1980)

299 N.W.2d 604

John F. BEST, Jr., Appellant, v. STATE of Wisconsin, Department of Transportation, Division of Motor Vehicles, Respondents.

Court of Appeals of Wisconsin.

Decided November 10, 1980.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by George N. Kotsonis of Chronus and Kotsonis of Milwaukee.

For the respondents there was a brief by Bronson C. La Follette, attorney general, and Albert O. Harriman, assistant attorney general. Oral argument by Mr. Harriman.

Before Voss, P.J., Brown and Scott, J.J.

SCOTT, J.

Best appeals from the circuit court's judgment affirming the amended order of the Division of Motor Vehicles suspending for six months Best's probationary license to drive. We reverse on the ground that the State did not afford Best the requirements of procedural due process in that it failed to promulgate ascertainable standards for the exercise of administrative discretion in determining the length of license suspensions.

Even though the six-month...

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