Question juridique clé
Whether the precautionary withdrawal violated the right to be heard because the driver was not heard before the cantonal authority acted.
Solution extraite
Any initial hearing defect was cured on cantonal appeal, but the appellant had to go to court to be heard; therefore the cantonal cost decision and refusal of compensation were unconstitutional.
Motifs extraits
The authority could rely on urgency at first instance; in any event the appellant later had full opportunity to comment before the appellate authority. However, where a person must appeal solely to obtain a first opportunity to be heard, costs should generally not be imposed and a party compensation should be granted.