ILNews

Court issues injunction against BMV

Back to TopCommentsE-mailPrintBookmark and Share

An Indianapolis single mother of six has had her driving privileges reinstated after a Marion Superior Court judge granted a preliminary injunction in a lawsuit brought by the American Civil Liberties Union of Indiana and private counsel Scott DeVries against the Indiana Bureau of Motor Vehicles.

White’s Indiana driver’s license had been suspended for a year when the BMV selected her name from a list of individuals who had their driving privileges suspended previously because they had operated a motor vehicle while uninsured. However, White was not legally required to have car insurance since she did not own a registered car and was not driving.

The case alleged that the BMV’s actions were contrary to Indiana law and violated due process as guaranteed by the 14th Amendment to the U.S. Constitution.

“The decision is important, not only for our plaintiff, but for the thousands of people who are being unfairly deprived of their licenses by the application of a law for which no rules have even been issued,” Ken Falk, the ACLU of Indiana’s legal director, stated in a press release. “The court’s ruling makes clear that merely possessing a driver’s license does not necessarily require someone to have auto insurance, and it is unlawful for the BMV to punish people who have not violated the law and to proceed with unpromulgated regulations.”

In 2010, the Indiana General Assembly established the “Previously Uninsured Motorist Registry” and charged the BMV with issuing regulations to make it work, according to the ACLU. The bureau never did so but still, in 2011, began selecting individuals from the registry using non-published criteria and sending them notices of license suspension for not having insurance even though they might not be required by law to have insurance.

The ruling, Lourrinne M. White, et al. v. Indiana Bureau of Motor Vehicles, 49D02-1206-PL-241716, was filed in Marion Superior Court.

 

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

ADVERTISEMENT