Clarence John Hessel v. State of Arizona

Good Law
465 F.2d 958·1972 U.S. App. LEXIS 7998
United States Court of Appeals for the Ninth CircuitAugust 9, 197271-1721California518 words

Opinion

Opinion

Mr. Hessel’s unhappy plight began when he transferred his automobile insurance from one carrier to another, and he was involved in an accident for which both carriers denied coverage. Pursuant to Arizona’s Financial Responsibility Act (Ariz.Rev.Stat. § 28-1142, subsecs. A and B), the Superintendent of the Motor Vehicle Division of the Arizona Highway Department ordered suspension of Mr. Hessel’s driver’s license and of his motor vehicle registration. He was given an administrative hearing on December 22, 1969, in which the suspension order was upheld upon the determination that there was a reasonable probability that judgment would be rendered against him. Although an appeal to superior court of the State of Arizona from the administrative decision was authorized (Ariz.Rev.Stat. § 28-1122, subsec. B), he did not appeal. His efforts to use self-help to retain his license plates resulted in a misdemeanor conviction. He lost his job and was unable to retain private counsel to help him. Subsequently he was exonerated from civil liability for the accident. On December 10, 1970, he filed an affidavit reporting the dismissal of the civil action and a certificate of insurance as provided…

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