8 results for 'cat:"Licensing" AND cat:"Vehicle"'.
J. Zimmerer finds that the lower court improperly overturned the suspension of the individual's driver's license stemming from a traffic stop and her arrest for DWI. There was substantial evidence to support the administrative judge's decision to suspend the license, and the "Miranda Confusion Doctrine" is not recognized in Texas as a defense for refusing the breath test. Reversed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 18, 2024, Case #: 14-23-00506-CV, Categories: licensing, vehicle
J. McLeese finds that, although the Office of Administrative Hearings properly determined a company is subject to regulation by the D.C. Department of For-Hire Vehicles, the cease-and-desist order issued against the company must be reversed. The company's activities fall under the Taxicab Commission Establishment Act; however, the department failed to show the company's failure to register impeded its ability to monitor the company's activities. Reversed in part.
Court: DC Court of Appeals, Judge: McLeese, Filed On: February 29, 2024, Case #: 21-AA-0751 , Categories: Administrative Law, licensing, vehicle
J. Aarons finds that plaintiff's driver's license was properly revoked even though officers who arrested him for driving while intoxicated and resisting arrest did not appear at the administrative hearing because plaintiff did not attempt to enforce judicial subpoenas requiring their testimony and did not request adjournment. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: January 4, 2024, Case #: CV-22-2166, Categories: Civil Procedure, licensing, vehicle
J. Dever remands to the North Carolina Division of Motor Vehicles a case filed by 46 Ford dealers against Ford Motor Co. pertaining to the company's Model e Program, a voluntary program that allows dealers to invest in Ford's manufacture of more electronic vehicles the dealers say violates state licensing laws. The dealers' petition, filed with the commissioner, was not a civil action subject to removal, and state interests outweigh federal interests.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: July 18, 2023, Case #: 5:23CV167, NOS: Other Contract - Contract, Categories: Administrative Law, licensing, vehicle
J. Furman finds that that the Motor Vehicle Division failed to support its revocation of a driver's license with sufficient evidence. The evidence does not show that police gave the driver an express consent affidavit or that the driver refused chemical testing. Reversed.
Court: Colorado Court Of Appeals, Judge: Furman, Filed On: June 29, 2023, Case #: 22CA0761, Categories: licensing, vehicle
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J. Baker finds the Department of Motor Vehicles properly ruled to revoke a vehicle-dealer license to the owners of a car dealership. The owners assert that the DMV failed to provide proper due process to negotiate lesser sanctions against them. However, the owners were provided due process and the ability to schedule a rehearing of their case with the DMV. Affirmed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: June 22, 2023, Case #: 03-22-00084-CV, Categories: Government, licensing, vehicle
J. Thompson upholds the DMV's disqualification of a driver's commercial driver's license after he had been issued a third major traffic violation while driving a commercial vehicle. Although the disqualification must be reduced from life to 10 years, it is supported by the individual's convictions. Affirmed in part.
Court: DC Court of Appeals, Judge: Thompson, Filed On: May 18, 2023, Case #: 21-AA-0821 , Categories: licensing, vehicle
J. Seitz finds that the lower court improperly upheld the division of motor vehicles' decision denying Tesla a new dealer license on grounds that Tesla's direct-to-consumer automobile sales model does not fall under the rubric of the state franchise act, which addresses disparity in bargaining power by motor vehicle manufacturers over franchises. Reversed.
Court: Delaware Supreme Court, Judge: Seitz, Filed On: May 15, 2023, Case #: 375, 2022, Categories: licensing, vehicle