In what circumstances have the courts upheld the provisions of the financial responsibility laws governing the suspension of a driver's license for failure to post security?

California, United States of America


The following excerpt is from Orr v. Superior Court of City and County of San Francisco, 454 P.2d 712, 71 Cal.2d 220, 77 Cal.Rptr. 816 (Cal. 1969):

In Escobedo v. State of California (1950) 35 Cal.2d 870, 222 P.2d 1, the provisions of the financial responsibility laws governing the suspension of a driver's license for failure to post security were upheld by this court against attack on various constitutional grounds, including: (1) Charges that the statute violated the due process provisions of federal and state Constitutions in not providing for hearing before the department or for recourse to the courts before suspension of a license; (2) charges of arbitrary discrimination which denied equal protection and uniform operation of the law in that the posting of security by a driver who might not be culpable was required, before his liability had been judicially determined.

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