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Judges uphold 10-year suspension of driver’s license

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A Porter County man who fought the Bureau of Motor Vehicles' decision to suspend his license for being a habitual traffic violator lost his case before the Indiana Court of Appeals.

Richard Thomas had three qualifying driving convictions within a 10-year period, with the last occurring in May 2008. In December 2011, the BMV notified Thomas that he qualified as a HTV and that his driving privileges would be suspended for 10 years beginning in January 2012.

Thomas sought an administrative review and judicial review of the BMV’s petition; the BMV affirmed his suspension and the trial court denied his petition for review.

Thomas argued that the notice from the BMV was untimely and that a statute of limitations should apply, but he never specified what statutory limitation period should apply. Indiana Code 9-30-10 does not include a statute of limitations, but the court has previously ruled the two-year statute of limitations doesn’t apply. The Court of Appeals concluded, based on a recent Supreme Court decision, that the general 10-year statute of limitations in I.C. 34-11-1-2 applies.

The limitations begin tolling after the third conviction qualifying one as a HTV, not with the first offense, as Thomas argued. The judges also pointed out that it’s up to the General Assembly to decide whether a shorter limitations period is appropriate.

In Richard Thomas v. Indiana Bureau of Motor Vehicles, 64A03-1204-PL-191, the Court of Appeals also rejected Thomas’ claim that the doctrine of laches applies. He argues the suspension would result in extreme unfairness because “in the years since his last qualifying conviction, he has ‘altered his behavior to effectively render himself a safe driver,’” the opinion says.

“However, we are unconvinced by Thomas’s self-serving statement regarding his belief that he has altered his behavior in a manner such to render him a ‘safe driver,’ and conclude that it falls far short of demonstrating that the public interest would be threatened by the BMV’s conduct in the instant matter,” Judge Cale Bradford wrote.

 

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  1. 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)

  2. 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)

  3. 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.

  4. Well, I agree with you that the people need to wake up and see what our judges and politicians have done to our rights and freedoms. This DNA loophole in the statute of limitations is clearly unconstitutional. Why should dna evidence be treated different than video tape evidence for example. So if you commit a crime and they catch you on tape or if you confess or leave prints behind: they only have five years to bring their case. However, if dna identifies someone they can still bring a case even fifty-years later. where is the common sense and reason. Members of congress are corrupt fools. They should all be kicked out of office and replaced by people who respect the constitution.

  5. If the AG could pick and choose which state statutes he defended from Constitutional challenge, wouldn't that make him more powerful than the Guv and General Assembly? In other words, the AG should have no choice in defending laws. He should defend all of them. If its a bad law, blame the General Assembly who presumably passed it with a majority (not the government lawyer). Also, why has there been no write up on the actual legislators who passed the law defining marriage? For all the fuss Democrats have made, it would be interesting to know if some Democrats voted in favor of it (or if some Republican's voted against it). Have a nice day.

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