Which Commercial Driving Cases Should go to Court?
Victor E. Flango
and F. Dale Kasparek, Jr.
examine the types of commercial driving cases that should probably be handled by an administrative adjudication process rather than a conventional court proceeding in Which Commercial Driving Cases Should Go To Court?
The article was published in Trends in State Courts, 2013.
The article notes that many states are examining their core missions to determine which types of cases must be heard in court according to state constitution or statutes. There is a class of commercial driving cases that could better be handled by administrative adjudication with the department of motor vehicles because that process would eliminate many of the delays and communication issues between the DMVs and the courts. This would help ensure that states are able to meet the requirements imposed by federal law to timely report certain violations by commercial drivers license holders and don't put federal highway funding at risk. This is an informative article that is well worth reading.