- Drivers’ license should signify ability to drive motor vehicle safely. Denial for miscellaneous arm-twisting reasons – e.g. child support – is bad policy. [Beth Schwartzapfel, Marshall Project (“43 states suspend driver’s licenses for unpaid court debts, but only four require a hearing beforehand to determine whether the failure to pay is willful or simply a reflection of poverty.”); Jessica Silver-Greenberg, Stacy Cowley and Natalie Kitroeff, NYT (“Twenty states suspend people’s professional or driver’s licenses if they fall behind on [student] loan payments, according to records obtained by The New York Times.”)] Earlier here (tax delinquents in New York), here, here, here, etc.;
- Under centuries of precedent, bail must be individualized as well as not excessive [Ilya Shapiro on Cato amicus in Walker v. City of Calhoun, Eleventh Circuit] And my piece on Maryland’s botched bail reform is now available ungated at Cato;
- Harvey Silverglate recounts an old tale of prosecutorial entrapment — starring Robert Mueller, then acting U.S. Attorney in Boston [WGBH]
- Criminal justice, mass incarceration, and the libertarian cause: Radley Balko’s speech on winning Bastiat Award [Reason]
- “The Troubling Expansion Of The Criminal Offense Of Obstructing The IRS” [Kathryn Ward Booth, Vanderbilt Law]
- Murder rap for drug supplier after overdose distorts both criminal law principle and incentives [Scott Greenfield, earlier here and here, see also here and here (prescribing doctors)]
Filed under: crime and punishment, illegal drugs, Maryland, prosecution
6 Comments
So, wife got stopped for taillight out… Didn’t have the latest insurance card… Got a $10 ticket. We were in the process of closing and moving. She forgot to pay the ticket. Got a suspended license and a $80 charge to unsuspend… We are originally from NC where your insurance status is reported directly to DMV and no card is required. Take whatever lesson(s) you desire from that. 😀 As a side note, we have been with the same insurance company for 27 years.
I have a fairly common name. In 2006 I received a letter from the Department of Transportation informing me that my license would be suspended in 30 days because of an infraction committed in Florida. I called DOT to ask what was going on because I hadn’t been in Florida since 1989. They told me that it didn’t matter if it was mistaken identity or not, it was my problem to resolve.
I called Florida DMV and talked to a nice woman who asked me if I could scan my driver’s license and e-mail the scan to her? I did and heard her laughing on the phone. I asked what was so funny and she told me that it was definitely mistaken identity unless I was 70 years old, bald and Black. She sent me a notarized “Not Me” letter (that’s actually what they call it). I took it to DOT and I was told that they couldn’t accept it because it was sent to me not them. I called Florida back and she asked for an address for DOT. I called DOT and was told that she should know the address.
Finally I said the hell with it and got a hold of my State Senator’s office. Finally I was told to send the letter to an address at DOT. The letter got there one day after the 30 day date. My license was suspended, I had to pay a $35 reinstatement fee and my points were at the maximum minus one. My State Senator couldn’t do anything about it. When I renewed my insurance, it went up.
I’ve said it before and I’ll say it again. Where does our Government get the idea that they can grant us privileges?
This is one of those situations where bureaucrats have to lose their jobs for cause (i.e., no unemployment). Let them suffer the consequences of capriciousness.
“They told me that it didn’t matter if it was mistaken identity or not, it was my problem to resolve.”.
That’s when it’s nice to ask for a name, and confirmation in writing (and if they won’t provide confirmation in writing, that’s a problem too). It would be nice if judges policed this sort of thing–how nice would it be to see a state judge, informed of the “it’s your problem” bureaucratic arrogance and then a suspension (which cannot be in accordance with state law–generally the actual person had to commit the violation). get fed up and call the head of the DMV into court and have him or her explain. And then toss the guy in jail for a night.
I have a similar situation, which turned out nicely. I got some nonsense from state department of revenue about a quarterly filing for nanny that had long left our employ–I called the department of revenue and they started to give me some song and dance–I politely said, “Look, I am one of the good guys. We no longer employ her, and the tax year has closed etc., so there shouldn’t be any remaining obligation on our part. I followed the law, and now I get this.” The person on the other end said, “Let me see what I can do.”
“That’s when it’s nice to ask for a name, and confirmation in writing (and if they won’t provide confirmation in writing, that’s a problem too). It would be nice if judges policed this sort of thing–how nice would it be to see a state judge, informed of the “it’s your problem” bureaucratic arrogance and then a suspension (which cannot be in accordance with state law–generally the actual person had to commit the violation). get fed up and call the head of the DMV into court and have him or her explain. And then toss the guy in jail for a night.”
Great idea. It won’t happen. The Judge would lose their driver’s license. The State Courts have upheld that the DOT can revoke a person’s PRIVILEGE to drive for any reason or no reason. I live in Pennsylvania.
Someone’s not paying his debts now? Let’s take away his ability to earn the money he’d need to ever pay them! This differs from debtor’s prison only in degree, not in kind.
It’s worse than debtor’s prison. At least in a debtor’s prison, they would get regular meals.