ILNews

License revocations stayed for now

Michael W. Hoskins
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
A panel of the Indiana Court of Appeals has temporarily blocked the state from revoking driver's licenses that don't match Social Security records.

The preliminary injunction came June 6 in a case challenging the Indiana Bureau of Motor Vehicles' invalidations of licenses or identification cards on the sole basis of mismatched records.

The decision comes in Lyn Leone, et al. v. Indiana BMV Commissioner, No. 49A02-0804-CV-00377, which is currently pending in the state's second highest appellate court and is at the briefing stage and hasn't yet been assigned to a court writing panel. The order posted online from Chief Judge John Baker includes concurrences from Judges Nancy Vaidik and Terry Crone, and a dissent from Senior Judge John T. Sharpnack.

Last year, the BMV started using the new screening process of comparing records that about 47 other states use, checking about 6 million records and finding about 206,000 mismatches due to typographical errors, people getting married, or changing their names.

Many were resolved, but the American Civil Liberties Union of Indiana challenged the policy and undertook a class-action suit including about 15,332 people who'd lost their licenses or cards or were threatened with that action. The ACLU argued that state law and the U.S. Constitution don't allow the BMV to revoke licenses just because records don't match.

In April, Marion Superior Judge Kenneth Johnson denied an injunction request and held that the BMV had a strong interest in maintaining accurate records to reduce fraud and identify theft. The judge determined the suit failed to show any harm or hardship to the plaintiffs, which includes South Bend attorney Lyn Leone as a lead plaintiff in the class action lawsuit.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

ADVERTISEMENT