Comments on: In trouble, can’t drive

By: Jim Collins

Jim Collins — Thu, 15 Jan 2015 20:30:53 +0000

I’ve always had an issue with our Government “granting” us privileges.

By: Anonymous Attorney

Anonymous Attorney — Thu, 15 Jan 2015 15:42:29 +0000

The license-yanking is clearly out of control. It’s just ***so easy*** for legislators to sit back and agree that, why yes, a conviction for domestic violence (or some other barely-relatable thing) merits suspension of driving privileges… And often, the government will sneer that “driving is a privilege, not a right.”

Problem is, it’s neither. It’s something in between. In areas without mass transit, it’s a NECESSITY.

By: Jim Collins

Jim Collins — Wed, 14 Jan 2015 16:47:05 +0000

I can understand the suspension of a driver’s license for traffic violations, but, some states carry things a bit too far. My nephew got busted for pot when he was 15. He paid his fine and thought that was the end of it. Now seven years later he went to get his license. He got his permit, took his tests and got his license. Ten days after getting his license, he gets a letter from PennDot, telling him that he has to serve a six month suspension because of that pot bust.

By: Hugo S. Cunningham

Hugo S. Cunningham — Wed, 14 Jan 2015 16:34:06 +0000

An error in my last post is corrected:

@ Matt–

(What about jointly-owned cars?)

A joint owner cannot be convicted of car theft, so I presume you are asking about the default judgement for restitution.

If one of the joint title-holders was the suspended-license drunk, his restitution debt would be pro-rated among all the title-holders. Each would have the option to collect or forgive his portion of the debt. Obviously the drunk would keep his own share of the debt, rather than double-paying for his lost share of the forfeited car.

If the suspended-license drunk was not a co-owner, then the restitution debt could be pro-rated without any fuss.

Perhaps there should be a mechanism, under unsafe-driving license suspensions, for co-owners of a car to protect their interest by suspending or revoking the unsafe driver’s ownership rights, allowing prosecution for car theft.

By: MattS

MattS — Wed, 14 Jan 2015 08:12:48 +0000

@Hugo,

What about jointly owned cars with more than one person on the title?

By: Hugo S. Cunningham

Hugo S. Cunningham — Wed, 14 Jan 2015 03:05:08 +0000

@MattS–

A car could be restored to the owner if the suspended-license drunk was convicted of car theft. If the owner did not wish to prosecute (a friend or family member), he could instead be awarded a default judgement against the suspended-license drunk driver for the value of the car. Someone who knowingly lends his car to a suspended-license drunk does not deserve any sympathy.

By: kimsch

kimsch — Tue, 13 Jan 2015 22:53:20 +0000

Wisconsin has another thing with traffic violations (at least this was in place a few years ago.) They take “points” off your license for infractions, and the accumulation of too many points can result in suspension. But, one can plead to a lesser infraction that doesn’t take points off but still pay the fine for the higher infraction. This happened to my Mom. She was at Mitchell Airport picking up her sister and leaving she didn’t pay attention to traffic at a stop sign and hit another car. She lives in Illinois and the points didn’t matter, really, but she did the plea to a lesser offense anyway when I took her to court in Milwaukee.

A problem with suspension and revocation of drivers licenses is that taking away the license doesn’t take the knowledge or physical ability to drive.

By: Ryland

Ryland — Tue, 13 Jan 2015 19:01:34 +0000

I lost my license in Norfolk, Virginia for failing to carry insurance. The bite of it was the fact that I’d lost the car in the divorce, but the ex didn’t remove my name from the registration as was stipulated in the agreement. In 1997, it cost me $400.00 to get my license reinstated because that was the fee and DMV said it didn’t matter that I didn’t have a car, I had to pay the fee anyway.

By: MattS

MattS — Tue, 13 Jan 2015 18:04:20 +0000

Hugo,

The problem with forfeiting cars for drunk driving is that the driver isn’t necessarily the owner (or sole owner) of the car.

By: Hugo S. Cunninngham

Hugo S. Cunninngham — Tue, 13 Jan 2015 16:59:16 +0000

How many states break out the crime of “driving without a license” into different levels of severity? “Driving while license is suspended (or revoked)” would be a more serious version, but only “driving while license is suspended for unsafe driving” needs a strong response. Though usually opposed to forfeiting cars, I favor it for drunk drivers caught with their license already suspended for unsafe driving. Here the punishment would fit a dangerous crime.