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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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