August 29, 2007

Legal Department

Evil Lawmaking: License Suspension

Continuing my series of articles on bad, sloppy, or downright evil lawmaking, I'd like to talk a little bit about how much states love to suspend or revoke people's driver's licenses.

A suspended license is a branch of a problem I mentioned earlier: Free Punishment. A suspended license is just a database entry and a form letter. It probably costs the state less than a buck, but causes a lot of misery to the person who suddenly can't drive.

(It may even be a profitable punishment: Around here, after the period of suspension expires, there's a $70 fee to have your license restored, plus a $5 fee to get a new copy of your license.)

In some cases, of course, suspending a license makes a lot of sense. Here in Illinois, they will take your license for reckless driving that kills or injures someone, driving drunk or refusing a breath test, drag racing, eluding police, or being involved in a lot of accidents or getting a lot of tickets for moving violations. We can argue over the details, but in general it makes good sense to take the license of someone who demonstrates they cannot handle the responsibility of driving.

Your license can also be suspended or revoked if you lied to get the license, if you haven't paid for your license, of if they issued you a license in error when you weren't really qualified. Again, these reasons all make sense.

In some cases, however, it's clear that the suspensions are little more than legislative theater to get tough on something. For example, they can take someones license for "violating the Cannabis Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Use of Intoxicating Compounds Act while that individual was in actual physical control of a motor vehicle."

It doesn't stop there: They can take a license if someone "Has been convicted of the following offenses that were committed while the person was operating or in actual physical control, as a driver, of a motor vehicle: criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, juvenile pimping, soliciting for a juvenile prostitute and the manufacture, sale or delivery of controlled substances or instruments used for illegal drug use or abuse in which case the driver's driving privileges shall be suspended for one year[.]"

In other words, if you have a valid license which you obtained legitimately, and you haven't done anything that shows your driving endangers other people, they can still take it from you. None of the crimes in the last two paragraphs involves the use of a vehicle as an element of the crime, yet you can still lose your license just because you happen to commit the crime while driving a car.

I'm not saying that people who commit those crimes shouldn't be punished, but suspending their license has no connection to the crime and makes no sense.

I suppose supporters might argue that if someone uses a car as a place to molest a child, it's a good idea to make sure they don't have that opportunity again. Sure, that makes plenty of sense, but the state should do that by putting child molesters in jail. I mean, what kind of half-assed stunt is it to take away a child molester's driver's license?

Anyway, you can also lose your license if you have a gun in your car. Or if you vandalize someone else's vehicle. Or if you use a vehicle to deliver alcohol to a minor.

If you don't have your car tested for emissions when you're supposed to, the license of everyone listed on the registration will be suspended. Isn't that going to make it kind of hard to bring the car in for a test?

If I'm reading this stuff right, they will also take your license if you operate a garage or a parking lot and you discover an unclaimed vehicle but don't report it to the police in a timely manner.

Note: I've probably got at least half of this wrong. I found all these rules by poking around in the Illinois Compiled Statutes. It's a big mess. Not only do the traffic laws specify license suspensions, but the laws for the Illinois Secretary of State's Office (which handles driver licensing) have a whole different set of reasons for suspension. I'm sure I found it confusing because I'm not a lawyer, but I'm told that even traffic lawyers and Secretary of State employees have trouble figuring out what it all means.

3 Comments

I am in desprate need of a valid DL.If anyone out there can help me get a valid DL. New Jersey Has my license burryed under Motor Vehicles for a 40000.00
insurance surcharge and other crap that money will not clear up . I will entertain
any HELP or feed back. I have been without my DL for 15 years. If I get another DWS I will be under the jail. Never any DUI tickets never hurt anyone but myself. I have to still feed and house my family

I had my DL suspended for not turning in my plates on time. I had let my insurance go because I wasn't really using my vehicle. I took a job out of state (B4 insurance ran out/plater due) and had paid travel expenses. I has no way to turn in my plates for a couple months until I got back home. So they suspended my DL. I also got a driving with suspended DL when I wasn't driving but that's another story. Also failure to register/operating an unregistered ATV even though that ATV was stored/used on private property at my apartment parking lot. Cop actually said "You can't keep an unregistered ATV on private property". I replied "Where do you store it then? Public property?" *Bam* $85 fine, which I dind't pay (and added the problem). This just proves Mark Draughn's point about License Suspension totally out of proportion to the infraction. Great site BTW.

Thanks. The threat to suspend your license has become an all-purpose way to force compliance, but they often don't think stuff through. And if they actually suspend your license you'll be in a world of hurt, especially since the notification requirement is so pathetic. A lot of people don't even know their license is suspended until they get arrested for driving on a suspended license.

Leave a comment

About this Entry

This page contains a single entry by Mark Draughn published on August 29, 2007 3:31 PM.

Jury Duty: The Prosecutor Speaks was the previous entry in this blog.

Tremors of Terrors is the next entry in this blog.

Find recent content on the main index or look in the archives to find all content.

Unless you request otherwise, we will assume all messages are for publication and attribution.

Red links are Not Safe For Work NSFW.

Mark

About Me

PGP key

Visit me on MySpace

Gary

Article Syndication

Find us on Facebook

Bloggy Goodness

Hit&Run
Cataloguing every inch of our daily slide down the slippery slope towards a more totalitarian state.
Reason
Free markets and free minds.
Virgina Postrel
Author, columnist, brings depth to the simplest subjects.
InstaPundit
Law professor, author, columnist, music engineer, the founding father of the blogosphere.
Marginal Revolution
Smart economists.
StrategyPage
News and commentary on all things military.
Google Blogoscoped
Smart writing about search technology.
Majikthise
Your basic working philosopher.
The Agitator
Radley Balko, libertarian at large.
Nobody's Business
Pro-Liberty. Anti-Nannies.
A Stitch in Haste
Lawyer & investment banker and part-time pop scholar.

War on Drugs

StoptheDrugWar.org
Taking the drug war debate to the blogosphere
Vice Squad
Vice, in all its forms. [review]
DrugWar Rant
More reasons every week for hating the War on Drugs.
DUI Blog
The road to hell is paved with good intentions and patrolled by Mothers Against Drunk Driving.
Last One Speaks
Injustice in the war on drugs.
The D'Alliance
The Drug Policy Alliance blog.
Vigil for Lost Promise
A counterweight to the DEA's exploitive site.

Chicagoland

BlogNetNews.com/Illinois
The Illinois blogosphere's front page.
Leslie's Omnibus
I have no idea what this blog is about.
Marathon Pundit
John Ruberry runs, drives, and blogs.
The So-Called "Austin Mayor" Blog
Just a tad to the left of my usual tastes, but always very interesting.

Blawgs

Indefensible
David Feige, creator of Raising the Bar and former public defender.
a Public Defender
Rants, explanations, and complaints from a public defender.
Simple Justice
Rants, explanations, and complaints from a private lawyer.
Defending People
The art and science of criminal defense trial lawyering
26th St. Bar Association
Chicago criminal defense.
ECILCrime
East Central Illinois criminal defense.
Austin Criminal Defense Lawyer
A decent blawg despite the SEO-friendly name.
Underdog Blog
Criminal defense, politics, and God only knows what else.
CrimLaw
A big, goofy, ballcap-wearing prosecutor who even likes dogs. [review]
Blonde Justice
Funny stories about criminal defense.
Crime & Federalism
Legal analysis and bitching about federalism issues. [review]
Seeking Justice
Tom McKenna, Virginia prosecutor on a mission from God.
Woman of the Law
Defendin', datin', drinkin'.
Prosecutor Post-Script
Sarena Straus, author and former Bronx D.A.
The Volokh Conspiracy
Smart legal experts.
Iowa Champion
Iowa criminal defense
The Legal Satyricon
Entertainment and First Amendment Law

Media

Eric Zorn
Real blogging at the Chicago Tribune, with real blogging software.
Miss Manners
A marvelous writer and deeper than you think.

Photography

iN-PUBLiC.com
Very cool modern street photography.
Digital Photography Review
Detailed reviews of digital cameras and vicious forum debates too.
Ken Rockwell
Strong opinions about photography.
Dan Heller
Photographs and the business of photography.
Bert P. Krages II
Photography and the law.

Resources

Institute for Justice
A merry band of libertarian litigators.
Bird Flu Breaking News
A bird flu news and blog aggregator.
EFF: Bloggers
The Electronic Frontier Foundation's page for bloggers.
Citizen ICAM
Map of recent criminal activity in Chicago. [review]
CIA World Factbook
A brief summary about every nation.
Wikipedia
The mostly-useful encyclopedia of everything.
Current Impact Risks
It has to happen some day.

Credits

Copyright  ©  2002-2007 Mark Draughn. All rights reserved.

Site developed by
Draughn Software Corporation

Powered by Movable Type 4.21-en
Version 4.21-en

Downtown Host

Social networking tags courtesy of the Sociotags for Movable Type plugin by Ole Wolf.

Chicago lakefront image by Ken Gibson.

Admin

Valid XHTML 1.0 Transitional

Valid CSS

ICRA

Statistics

Adorama
Adorama