WHITESIDE v. STATE, DEPT. OF PUBLIC SAFETY

No. S-8431.

20 P.3d 1130 (2001)

Frank A. WHITESIDES, Appellant, v. STATE of Alaska, DEPARTMENT OF PUBLIC SAFETY, DIVISION OF MOTOR VEHICLES, Appellee.

Supreme Court of Alaska.

April 13, 2001.


Attorney(s) appearing for the Case

Michael J. Zelensky, Ketchikan, for Appellant.

Marilyn J. Kamm, Assistant Attorney General, Bruce M. Botelho, Attorney General, Juneau, for Appellee.

Before MATTHEWS, Chief Justice, EASTAUGH, FABE, BRYNER, and CARPENETI, Justices.


OPINION

MATTHEWS, Chief Justice.

The question presented is whether licensed drivers are entitled to in-person hearings before a hearing officer concerning the revocation of their licenses, or whether telephone hearings satisfy due process. We hold that where drivers' credibility is material in-person hearings are required. The right to drive is important, in-person communications are more effective in transmitting...

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