United States Supreme Court Cases & Opinions

U.S. Supreme Court

Bell v. Burson, 402 U.S. 535 (1971)

Bell v. Burson

No. 5586

Argued March 23, 1971

Decided May 24, 1971

402 U.S. 535

Syllabus

Georgia's Motor Vehicle Safety Responsibility Act, which provides that the motor vehicle registration and driver's license of an uninsured motorist involved in an accident shall be suspended unless he posts security for the amount of damages claimed by an aggrieved party and which excludes any consideration of fault or responsibility for the accident at a pre-suspension hearing held violative of procedural due process. Before Georgia, whose statutory scheme significantly involves the issue of liability, may deprive an individual of his license and registration, it must provide a procedure for determining the question whether there is a reasonable possibility of a judgment's being rendered against him as a result of the accident. Pp. 402 U. S. 539-543.

121 Ga.App. 418, 174 S.E.2d 235, reversed and remanded.

BRENNAN, J., delivered the opinion of the Court, in which DOUGLAS, HARLAN, STEWART, WHITE, and MARSHALL, JJ., joined. BURGER, C.J., and BLACK and BLACKMUN, JJ., concurred in the result.