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MACKEY v. MONTRYM

No.77-69.

443 U.S. 1 (1979)

99 S.Ct. 2612

61 L.Ed.2d 321

MACKEY, REGISTRAR OF MOTOR VEHICLES OF MASSACHUSETTS v. MONTRYM.

Supreme Court of United States.

Decided June 25, 1979.

Attorney(s) appearing for the Case

Mitchell J. Sikora, Jr., Assistant Attorney General of Massachusetts, argued the cause for appellant. With him on the briefs were Francis X. Bellotti, Attorney General, and S. Stephen Rosenfeld and Steven A. Rusconi, Assistant Attorneys General.

Robert W. Hagopian argued the cause and filed a brief for appellee.

MR. CHIEF JUSTICE BURGER delivered the opinion of the Court.

The question presented by this appeal is whether a Massachusetts statute that mandates suspension of a driver's license because of his refusal to take a breath-analysis test upon arrest for driving while under the influence of intoxicating liquor is void on its face as violative of the Due Process Clause of the Fourteenth Amendment.

Commonly known as the implied consent law, the Massachusetts statute...

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