ILNews

License revocations stayed for now

Michael W. Hoskins
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
A panel of the Indiana Court of Appeals has temporarily blocked the state from revoking driver's licenses that don't match Social Security records.

The preliminary injunction came June 6 in a case challenging the Indiana Bureau of Motor Vehicles' invalidations of licenses or identification cards on the sole basis of mismatched records.

The decision comes in Lyn Leone, et al. v. Indiana BMV Commissioner, No. 49A02-0804-CV-00377, which is currently pending in the state's second highest appellate court and is at the briefing stage and hasn't yet been assigned to a court writing panel. The order posted online from Chief Judge John Baker includes concurrences from Judges Nancy Vaidik and Terry Crone, and a dissent from Senior Judge John T. Sharpnack.

Last year, the BMV started using the new screening process of comparing records that about 47 other states use, checking about 6 million records and finding about 206,000 mismatches due to typographical errors, people getting married, or changing their names.

Many were resolved, but the American Civil Liberties Union of Indiana challenged the policy and undertook a class-action suit including about 15,332 people who'd lost their licenses or cards or were threatened with that action. The ACLU argued that state law and the U.S. Constitution don't allow the BMV to revoke licenses just because records don't match.

In April, Marion Superior Judge Kenneth Johnson denied an injunction request and held that the BMV had a strong interest in maintaining accurate records to reduce fraud and identify theft. The judge determined the suit failed to show any harm or hardship to the plaintiffs, which includes South Bend attorney Lyn Leone as a lead plaintiff in the class action lawsuit.
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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

ADVERTISEMENT