ILNews

BMV puts the brakes on enforcing uninsured motorist registry

Back to TopCommentsE-mailPrintBookmark and Share

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.




 

ADVERTISEMENT

  • 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!

    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. Good riddance to this dangerous activist judge

    2. 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.

    3. 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.

    4. 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.

    5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

    ADVERTISEMENT