William J. Brennan, Jr.

Name: Bell v. Burson — Opinion of the Court
Author: William J. Brennan, Jr.

Summary

“Bell v. Burson — Opinion of the Court”, is a work by William J. Brennan, Jr.. It explores elements such as liability, licenses and hearing.

Quotes from Bell v. Burson — Opinion of the Court (William J. Brennan, Jr.)

William J. Brennan, Jr., Bell v. Burson — Opinion of the Court

“ The State argues that the licensee's interest in avoiding the suspension of his licenses is outweighed by countervailing governmental interests and therefore that this procedural due process need not be afforded him. We disagree. In cases where there is no reasonable possibility of a judgment being rendered against a licensee, Georgia's interest in protecting a claimant from the possibility of an unrecoverable judgment is not, within the context of the State's fault-oriented scheme, a justification for denying the process due its citizens. ”

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Source: Wikisource

William J. Brennan, Jr., Bell v. Burson — Opinion of the Court

“ Georgia may decide to withhold suspension until adjudication of an action for damages brought by the injured party. Indeed, Georgia may elect to abandon its present scheme completely and pursue one of the various alternatives in force in other States. [6] Finally, Georgia may reject all of the above and devise an entirely new regulatory scheme. The area of choice is wide: we hold only that the failure of the present Georgia scheme to afford the petitioner a prior hearing on liability of the nature we have defined denied him procedural due process in violation of the Fourteenth Amendment. ”

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Source: Wikisource

William J. Brennan, Jr., Bell v. Burson — Opinion of the Court

“ Once licenses are issued, as in petitioner's case, their continued possession may become essential in the pursuit of a livelihood. Suspension of issued licenses thus involves state action that adjudicates important interests of the licensees. In such cases the licenses are not to be taken away without that procedural due process required by the Fourteenth Amendment. ”

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Source: Wikisource

William J. Brennan, Jr., Bell v. Burson — Opinion of the Court

“ Georgia's Motor Vehicle Safety Responsibility Act provides that the motor vehicle registration and driver's license of an uninsured motorist involved in an accident shall be suspended unless he posts security to cover the amount of damages claimed by aggrieved parties in reports of the accident. [1] The administrative hearing conducted prior to the suspension excludes consideration of the motorist's fault or liability for the accident. ”

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Source: Wikisource

William J. Brennan, Jr., Bell v. Burson — Opinion of the Court

“ Since the only purpose of the provisions before us is to obtain security from which to pay any judgments against the licensee resulting from the accident, we hold that procedural due process will be satisfied by an inquiry limited to the determination whether there is a reasonable possibility of judgments in the amounts claimed being rendered against the licensee. ”

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Source: Wikisource

William J. Brennan, Jr., Bell v. Burson — Opinion of the Court

“ It does not follow, however, that the amendment also permits the Georgia statutory scheme where not all motorists, but rather only motorists involved in accidents, are required to post security under penalty of loss of the licenses. ”

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Source: Wikisource

William J. Brennan, Jr., Bell v. Burson — Opinion of the Court

“ Within 30 days of the receipt of the report the Director 'shall suspend the license and all registration certificates and all registration plates of the operator and owner of any motor vehicle in any manner involved in the accident unless or until the operator or owner has previously furnished or immediately furnishes security, sufficient * * * to satisfy any judgments for damages or injuries resulting * * * and unless such operator or owner shall give proof of financial responsibility for the future as is required in section 92A-615.1. ”

William J. Brennan, Jr.

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Quotes from Bell v. Burson — Opinion of the Court (William J. Brennan, Jr.)

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