Evening star., 1953-12-05
Keneiipp bIames
Permit Lifting
On Clerk S Error
Traffic Chief Agrees
With Judge Pine
On Drivers Rights

drivers license. which drew a
blast from Federal Judge David
A. Pine.
Judge Pine yesterday accused
city officials of reckless" action
in issuing an order-later with
drawn-revoking the permit of a
man accused of drunken driving,
without first offering him a
hearing. The jurist said the city
had deprived the accused mo-
torist of his constitutional
rights.
Mr.. Keneipp said he fully
agreed with the Judge that the
hearing should have been Of
fered.
Defends Procedures.
The traffic director at the
same time defended revocation
procedures now in effect under
the city's new driver point
system, asserting the driver now
has more rights than before. He
added that the case before
Judge Pine was the only one he
was aware of which hadn't been
handled properly.
Judge Pine yesterday issued an
Injunction preventing the District
from revoking the license in
question until a hearing is held
OF the case is decided in court.
Involved is Wilbur E. Wilson,
Sc, a mechanic, of 1901 Isher-
wood street NE. Mr.. Wilson
was charged November l with
driving while drunk and being
involved in a minor traffic acci-
dent.
Notified of Revocation.
He was notified November %
that his driving permit had been
revoked. Two days later Judge
Pine, in the U. S. District Court
for the District of Columbia.
granted him a restraining order
holding up the revocation, and
on November q Mr.. Keneipp
notified Mr.. Wilson that the
revocation was being held up.
But on the same day Keneipp
aide. Mrs, Mary Silver, sent Mr..
Wilson another notice stating
that his permit would be revoked
after five days unless he asked
for a hearing.
Mr.. Keneipp said today the
original notice was sent out by
IAN unfortunate mistake" The
error was made, he said, by a
clerk in his departments Driver
Improvement Section, headed by
Mrs. Silver Mrs. Silver herself
the traffic director added, told
him she had not learned about
1t until afterwards, and she tnen
had informed him.
The driver point-SyStem
adopted last April, gives any
motorist accused of drunk-driv-
ing II demerit points at the
time of his arrest-the number
OF points justifying revocation of
his driving license. But a notice
giving the motorist five days to
apply for a hearing is supposed
to be sent before the permit
actually is declared revoked.
Sent Wrong Notice.
In Mr.. Wilson's case, the clerk
enormously sent out the actual
revocation order, instead of The
advance notice informing Mir,
Wilson he could request a hear
ing, said Mr.. Keneipp.
Corporation Counsel Vernon E.
West said Mr.. Keneipp informed
him about the error after Judge
Pine issued the restraining order.
Mr.. West said he advised the
traffic director to withdraw the
revocation notice and issue the
hearing notice.
He added ne felt this action
would not violate the restraining
order.
Mr.. Keneipp also said that
after consulting Mr.. West, he
felt it proper to issue the hear
ing notice despite the restraining
order. He admitted there was
some confusion over this, how
ever, because just before it went
out he actually had decided not
to send it.
Vernon said to send out the
correct order. Then one assist
ant corporation counsel tcld us
not to send it, so I Withdrew the
request. But another assistant
told Mrs. Silver to send it out, so
it went out. l didn't know it had
gone" the traffic director said.
Judge Challenges Notice.
Judge Pine, however, chal-
lenged this second notice as well
as the first one when the case
returned to his court yesterday
for a scheduled hearing.
The judge also observed that
the city was denying Mr.. Wilson
the benefit of due process and
that it must give him reason
able notice and fair hearine. -
And he indicated sympathy with
a complaint by John T. Bonner,
Mr. Wilson's attorney, that
the city was making no provision
to allow Mr.. Wilson to continue
driving in order to earn MS
living pending settlement of the
case
Mr.. Keneipp said that if Mr.
Bonner had come to him after
the first notice he would have
withdrawn it Immediately.
Feels System Not Criticized.
Mr.. Keneipp declared he con-
sidered Judge Pines remarks {
criticism of the handling Of thi!
one case. rather than of tht
entire point system. Before tht
new system was adopted. permits
we're usually revoked withou
any hearings and the new sys,
tenn has made hearings stand