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Court issues injunction against BMV

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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.

 

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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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