Creecy v. Kansas Department of RevenueAnnotate this Case
The Supreme Court affirmed the district court's upholding the suspension of Michael Creecy's driver's license by the Kansas Department of Revenue (KDR) but held that Kan. Stat. Ann. 8-1020(d)(2)'s monetary requirement to obtain a due process hearing, without any exception for the indigence of the licensee, renders that provision facially unconstitutional.
On appeal, Creecy challenged the constitutionality of section 8-1020(d)(2), which requires a motorist whose driver's license has been confiscated by a law enforcement officer as a consequence of a driving under the influence arrest to pay a $50 fee to be granted an administrative hearing on the issue of the license deprivation. The court of appeals affirmed the district court. The Supreme Court (1) reversed the court of appeals and the district court on the constitutionality of section 8-1020(d)(2), holding that the provision is unconstitutional and the remedy is a refund of the $50 fee; and (2) affirmed the suspension of Creecy's driver's license, holding that there was no merit of Creecy's other claims.