Evening star., 1953-12-06
ReVocdtionPIan
Again Assai|ed
Judge Pine
Order Buns Action
Against Driver
Locking Hearing

IeVOkIIlS QIlVST 1lC6IlSe.
The jurist's criticism was made
in connection with an injunction
order barring revocation of the
driving permit of Wilbur E. Will
son, 1901 sherwood street NE
without proper hearing.
Judge Pine conceded that Mr..
Wilson. who is charged with driv-
ing while drunk, was offered a
hearing. He labeled the pro-
posed hearing, however, "a mere
formality or pretense." He
charged that the case "had al
ready been predetermined and
prejudged."
The jurist also labeled the ac-
tions of the Department of We
hicles and Traffic's chief hearing
officer, Mrs. Mary A. Silver, ar
bitrary and unauthorized by the
statute"
Hearings a FOrmality.
Traffic Director George E.
Keneipp practically conceded
yesterday that hearings in
drunk driving cases are little
more than a formality. He said
he could recall no such case in
which a revocation has been
withheld as a result Of a hearing.
He pointed out, however, that
revocations in such cases are
decided on the basis of the
amount of alcohol determined
to be in the defendants system
by test. Most drivers who are
notified of impending revocation
don't even ask for a hearing, he
said.
Asked whether he thought
Mrs. Silver's actions had been
arbitrary, Mr. Keneipp declined
to comment.
Mr.. Wilson was arrested No
vember l. On November % he
was notified that his driving per-
nit had been revoked. Two days
later Judge Pine, however,
granted him a restraining order
holding up the revocation, and
Mr.. Keneipp subsequently with
drew it. Mr.. Keneipp said yes
terday the revocation was a
clerks mistake.
Mr.. Keneipp's department
then sent another notice to Mr..
Wilson, however, informing him
he had five days in which to
ask for a hearing and that if he
did not. his permit, once again,
would be revoked.
Judge Amplifies Blast.
Judge Pine blasted this pro-
cedure at a hearing In the U. S.
District Court for the District
of Columbia on Friday. He am
plified his criticism in writing
yesterday in signing a formal
injunction order.
The jurist's comments were
directed only at the handling OF
Mr.. Wilson's case. Eut it was
clear that they also might have
a significant bearing on pro-
cedures in other driver-licenSe-
revocation cases.
Judge Pine in his written
opinion yesterday said he saw
no important difference between
the first, erroneous" order and
the later notice offering Mr.
Wilson hearing, as far as do
ing Mr.. Wilson an injustice was
concerned.
Doubts Fair Hearing.
Referring to the point Sys-
tenn, under which IL points are
assessed against a motorist con-
sidered guilty of drunken driv-
ing, Judge Pine declared:
mo hearing of any kind at
first was permitted, but after
issuance of a restraining order
plaintiff was notified that one
was to be permitted if applied
for within five days, but such
hearing could be no less than
a mere formality or pretenSe,
inasmuch as the basis for revo-
cation, lie. the finding of the
IL points. had already been pre-
determined and prejudged with
out hearing or conviction.
"Such hearing would there
fore appear to be an effort at
circumventing the necessity for
hearing by permitting it in
name but not in substance"
Error Plea Dismissed.
The judge also dismissed the
explanation of the first order as
0A4 C1IO1, 4, dooC4 G4A1S
"The effect is baSically the
same. namely, to find an 'ac-
emulation of IL points for the
offense charged before hearing
or trial of any kind. followed
by automatic revocation under
the point system referred to-"
Judge Pine also asserted that
the only review available to Mr.
WilSon--an appeal to Mr.
Keneipp and subsequently to the
Commissioners would be as
empty as none at ALL" because
he would be required to sur
render his permit pending the
review.
Mr.. Keneipp said yesterday he
was planning tentatively to set
a hearing this week. John T.
Bonner, Mr.. Wilson's attorney,
said that he would not accept
a hearing before Mr.. Keneipp
or any of his subordinates, how
ever.
Mr.. Wilson is due for a jury
trial on the drunk-driving charge
December %.
Boy, 3, Hit by Truck,
Suffers Skull Fracture