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Judge lets second suit alleging BMV overcharges proceed

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Indiana Bureau of Motor Vehicles must answer a second complaint alleging the agency overcharged Hoosiers millions of dollars on almost 30 types of licenses or registrations, a judge ruled Wednesday.

BMV previously agreed to refund $30 million for overcharges of operator’s licenses as a result of an earlier lawsuit.

In the latest lawsuit, Marion Superior Judge James Osborn denied the BMV’s motions to dismiss and stay discovery. The suit seeks class action status.

Lead plaintiff Tammy Raab sued the bureau alleging that 29 BMV fees overcharged people from 50 cents to $11 dollars, according to Cohen & Malad LLP managing partner Irwin Levin.

Among the more commonly alleged overcharges were $3 for motorcycle endorsements, $1 for duplicate titles, $4.50 for chauffeur’s license, $3 for personalized plates, and $1 for plate transfers. Overcharges of $11 are alleged for antique year of manufacture registrations.

“We’re guessing the number is in the tens of millions of dollars” that Hoosiers were overcharged at the BMV, Levin said Friday. The BMV hasn’t provided an accounting of how much it collected from the overcharges, and depositions are scheduled next month.

“We’re going to find out whether the BMV is just reckless in making sure they charge people the legal amount or if something else is going on,” he said.

BMV previously announced it would refund $30 million to motorists who were overcharged $3.50 to $7 for driver’s licenses. That suit  also was brought by Cohen & Malad.

“The court has essentially ruled that the BMV can’t simply say ‘Trust us’ and throw out the case. Hoosiers now get to ask the BMV the tough questions about this debacle and get the answers they deserve,” Levin said in a statement.
 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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