What is the purpose of a summary hearing in a motor vehicle accident case where a driver has been found to have been impaired by alcohol while driving under the influence of alcohol?

California, United States of America


The following excerpt is from Frase v. Gourley, 102 Cal.Rptr.2d 432, 85 Cal.App.4th 762 (Cal. App. 2000):

In Gikas v. Zolin (1993) 6 Cal.4th 841, our high court explained that "[t]he express legislative purposes of the administrative suspension procedure are: (1) to provide safety to persons using the highways by quickly suspending the driving privilege of persons who drive with excessive blood-alcohol levels; [and] (2) to guard against erroneous deprivation [of that privilege] by providing a prompt administrative review of the suspension . . . ." (Id. at p. 847, italics added.) This is why administrative per se hearings are set up as "summary proceedings."

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