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State Has Power To Yank Licenses

Thu., Aug. 17, 1995

The state’s authority to pull the driver’s licenses of motorists who refuse to take breath tests for alcohol under city ordinance has been upheld by the state Court of Appeals.

A unanimous three-judge panel rejected the appeal of Terry Wayne McLaughlin, 57, who argued that the Licensing Department should have been barred from revoking his license because he was arrested under a municipal ordinance rather than the state’s drunken driving statute.

In an opinion written by Judge Faye Kennedy, the appellate panel ruled Monday that it was illogical to claim the city had a separate revocation procedure because the state and municipal statutes are virtually identical.

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