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ACLU of Indiana files proposed class action against BMV

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The ACLU of Indiana filed a lawsuit Wednesday in Marion County to require the Indiana Bureau of Motor Vehicles to reinstate a woman’s suspended license. The ACLU of Indiana claims that the BMV randomly selected Lourrinne White from a “Previously Uninsured Motorist Registry” and suspended her license for not having insurance, even though she did not have a working car titled in her name at that time.

The lawsuit says that Indiana law doesn’t require licensed drivers to have insurance or other proof of financial responsibility if they aren’t driving a vehicle. White’s license was suspended in 2010 for driving without insurance. The suspension ended in April 2010. According to the lawsuit, even though she owned a van in 2012, she never titled it because it did not work when she bought it and she never drove it. She sold it in March 2012 and bought a Dodge Neon and obtained insurance.

The BMV issued a notice on March 5 requiring her to show that she had insurance on that date. She says she never received it and didn’t respond, so the BMV suspended her license for a year. White says even though she told the BMV after receiving notice of her suspended license that she didn’t have a car titled in her name on March 5 and that she wasn’t driving, the BMV said she was supposed to have insurance on that date.

White’s name was selected randomly by the BMV from the “Previously Uninsured Motorist Registry,” which the General Assembly created in 2010. The BMV was supposed to issue regulations to make it work but has not, the suit alleges, but began issuing notices of license suspensions to people in 2011.

The ACLU of Indiana claims the BMV’s actions are contrary to law and violate due process under the 14th Amendment. Demanding that people show financial responsibility in the absence of the regulations required by Indiana Code 9-25-10-5 isn’t allowed by Indiana law and is a void and unlawful action pursuant to a non-promulgated rule in violation of the Indiana Administrative Rules and Procedures Act and under I.C. 9-25-10-5, according to the lawsuit.

The lawsuit also seeks class-action status on behalf of the possibly thousands of people subject to this BMV action.

 

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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