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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. 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

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