Question

If a law enforcement officer swears that a driver has refused a legal chemical test, the Division of Motor Vehicles must __.

A. place the driver on probation
B. wait for a court decision before taking action
C. assign the driver to the Driver Improvement Clinic
D. revoke the driver's license for 12 months

Answer 1

The DMV must revoke a driver's license for refusals of legal chemical tests. For Juan Carlos's situation, the Fourth Amendment is applicable since detaining him without reasonable suspicion infringes upon his constitutional rights.

Step-by-step explanation:

If a law enforcement officer swears that a driver has refused a legal chemical test, the Division of Motor Vehicles must revoke the driver's license for 12 months. This action does not require a prior court decision, and probation or assignment to a Driver Improvement Clinic are not immediate consequences of such refusal.

Concerning the query about Juan Carlos, the officer's decision to demand proof of citizenship solely based on an accent and without any traffic violation or crime raises constitutional issues. The Fourth Amendment protects individuals from unreasonable searches and seizures and would likely apply in this situation, as it prohibits detaining an individual without reasonable suspicion of a crime.