The Colorado Court of Appeals issued its decision in Hanson v. Colorado Dep’t of Revenue, Motor Vehicle Division on August 30, 2012.
Driving Under the Influence of Alcohol—Driver’s License Revocation—Express Consent Statute—Subpoena—Fourth Amendment—Exclusionary Rule.
Petitioner Andrew Hanson appealed the district court’s judgment affirming the administrative order entered by respondent, the Colorado Department of Revenue (Department), revoking Hanson’s driver’s license for one year. The judgment was affirmed.
After a citizen’s report of erratic driving, the police apprehended Hanson at his home and transported him to the hospital, where Hanson refused testing under the express consent statute. Despite the deputy’s failure to appear at the revocation hearing in response to a subpoena served on him, the hearing officer quashed the subpoena and sustained the revocation.
On appeal, Hanson contended that the revocation order should be reversed because the hearing officer erroneously denied him the opportunity to cross-examine the deputy about the circumstances surrounding his entry into the residence. The Fourth Amendment exclusionary rule does not apply to revocation hearings. Therefore, Hanson’s Fourth Amendment claim fails. Further, because Hanson had no right to challenge the validity of the initial police contact, the hearing officer did not err in concluding that the deputy’s proposed testimony was unnecessary. Thus, Hanson was not deprived of his statutory right to cross-examine the deputy.
Summary and full case available here.