Is the Withholding of the Driver’s License Lawful?
A driver of a vehicle in the city of Maldonado was fined for driving with a blood alcohol levelof 0.29 grams per liter, thus exceeding the permitted limit which, as is known, is 0.00 (the famous “zero tolerance”). But the sanction went further and the driver’s driver’s license was withdrawn.
He questioned the decision before the Municipality of Maldonado, in response to which he maintained that the fine and the withdrawal of the booklet had taken place in violation of his right to a proper defense, that is, in violation of his right to duly articulate his defenses and provide evidence.
The case reached the Contentious Administrative Court (“the TCA”), which ultimately ruled in favor of the claimant driver. The TCA shared the latter’s argument, in the sense that the fine had been imposed without the person having previously had the opportunity to defend himself. Â That is, the guarantees of due process had been violated and consequently the act that had imposed the fine should be considered null and void.
On the other hand, the Court rejected the plaintiff’s grievances regarding the withdrawal of his booklet. In the Court’s opinion, there is no administrative act that can be annulled, but rather an act of a precautionary and preparatory nature, which as such is not actionable before the TCA.
Rarely is popular wisdom so true: persevere and you will succeed.
For any questions regarding this material, please contact Alejandra Sandoval (asandoval@bergsteinlaw.com) and/or Dr. Leonardo Melos (lmelos@bergsteinlaw.com).
