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COA: Lifetime suspension of driving privileges is not a punishment

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The Indiana Court of Appeals rejected a man’s claim that his lifetime suspension of driving privileges is cruel and unusual punishment, upholding the suspension. They held the suspension is not punitive.

Timothy Hazelwood is a habitual traffic violator who has had his license suspended 17 times since 1991. He’s been convicted several times of driving while driving privileges are suspended. He was convicted in 1998 of Class C felony operating a vehicle after his license had been suspended for life and was sentenced to three years in prison.

In 2012, he sought to reinstate his driving privileges and overturn the lifetime suspension. The trial court denied the petition, saying I.C. 9-30-10-14 prevented it from reinstating his license and that the statute was not unconstitutional.

In Timothy Ladana Hazelwood v. State of Indiana, 49A04-1305-MI-239, Hazelwood admits that under I.C. 9-30-10-14 and -15, he cannot have his driving privileges reinstated, but he claimed the statutory prohibition is unconstitutional as applied to him.

He argued that by preventing him from ever having his driver’s license reinstated, the state is effectively continuing to punish him for previous traffic-related offenses. He also claimed the suspension with any possible reinstatement is cruel and unusual punishment.

The Court of Appeals rejected his claims, noting it has previously ruled there is no absolute right to obtain and keep a driver’s license. Whether it is for life or a limited time, the suspension of one’s driving privileges does not constitute punishment, Judge Paul Mathias wrote.

 

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  • right to liberty and pursuit of happiness
    To claim a lifetime suspension of ones drivers license is "not punishment" is nothing short of ludicrous. It flies arbitrarily in the face of everything that is right and just. I am in this boat as well. My last drinking/driving offense was 20 years ago. I am rehabilitated and a threat to no one. I continue to pat my taxes and I am a productive citizen. Yet, I cannot drive. Because of that, I cannot find a job, get my minor son to and from his activities, or even transport myself or family members to the hospital in the event of a medical emergency. A lifetime suspension of my drivers license for something that occurred 20 years ago is cruel - it is unusual and it is punishment (regardless of what the courts say.
  • hazelwood.vs.state
    I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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