Nevers v. State, Division of Motor VehiclesNevers is appealing a decision by DMV and affirmed by the Superior Court to revoke his driver?s license for refusal to submit to a breath test. Nevers argues the decision was erroneous because the police arrested him without a warrant in another person?s house, and that his refusal should have been excluded from the hearing. The State argues that the police had exigent circumstances of hot pursuit and dissipating blood alcohol evidence. The State also contends that Nevers lacks the standing to complain about the search of another person?s house and that the constitutional reasonableness of the search and seizure is beyond the scope of the DMV hearing.
