The declared title of Rep. Scott Biggs' bill is the "Impaired Driving Elimination Act 2". Who could vote against that? Right? It smacks of the pontificating of many politicians citing the great powers of justice, prosperity, and loving kindness which will surely commence if only the lawmakers will vote to pass the bill. Never mind the alienation of basic due process that our nation's govt. is founded upon.
SB643 calls for the peace officer to immediately destroy a citizen's drivers license if any probable cause of driving impairment is declared by the officer. The court stated that the citizen is therefor deprived of liberty without due process by the act and is no longer allowed to appeal that decision.
The legislature severely cut the appropriations to the agency which previously had conducted those hearings. Only about 25% of those requesting the hearings were being granted an appointment. Rather than funding the constitutional process, the legislature just eliminated a constitutional right from all of us.
Rep. Scott Biggs was a house cosponsor, along with Senators Dave Rader and Kim David. The only remedy allowed under the bill was to enroll in a certified education program on the dangers of driving impairment, regardless how high the cost to the citizen.
Sadly, the court was divided on the full ruling, but we believe they should not be deemed fit for the high court unless they understand the ramifications of contemporary threats to our basic rights as citizens.