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BMV puts the brakes on enforcing uninsured motorist registry

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The Indiana Bureau of Motor Vehicles agreed Monday to halt enforcement of the “Previously Uninsured Motorist Registry” and reinstate the driver’s licenses of thousands of Hoosiers.

The American Civil Liberties Union of Indiana is claiming a “win” in its ongoing litigation seeking to stop the BMV from demanding proof of auto insurance from individuals who are not required to have it.

Established by the Indiana General Assembly in 2010, the registry lists the names of Indiana drivers who have been convicted of operating a vehicle without insurance, according to a BMV spokesman. Then at unspecified times, the BMV contacts randomly selected people from the registry and asks that they provide proof of auto coverage. Individuals who cannot show proof of insurance are convicted again.

The ACLU contends that the “Previously Uninsured Motorist Registry” unlawfully suspended the driver’s licenses of people who had not violated any laws. Even thought the BMV never issued the rules regarding enforcement, the agency began to suspend driver’s licenses of randomly selected individuals.

In June, the ACLU filed a lawsuit on behalf of those randomly selected people, charging the BMV’s actions violated state law and due process as guaranteed by the 14th Amendment. The case, Lourrinne M. White, et al. v Indiana Bureau of Motor Vehicles, 49D02-1206-PL-241716, was filed in Marion Superior Court.

Marion County Judge Theodore Sosin subsequently granted a preliminary injunction in August.

“I am hopeful that the BMV will go back to the General Assembly in 2013 to change this law so that Hoosiers are not again subject to unlawful and unconstitutional suspensions of their driving privileges,” Ken Falk, ACLU of Indiana legal director, stated in a press release.

The BMV has been trying to clarify and detail the implementation of the registry law as circumstances and issues not contemplated by the Legislature have arisen, said a BMV spokesman. Internal discussions regarding the regulations have included possibly turning to the General Assembly for a solution.




 

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  • whatever
    how about the people suspended PAY $100 a day to the BMV. It is a law to have insurance.
  • Civil Suit
    Everyone that was suspended should now sue for $100.00 a day for every day of suspension and the court should fin in favor of all then triple the damages!

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    1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

    2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

    3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

    4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

    5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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