Can we file a class action law suit ?

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Latest post Mon, Mar 8 2010 8:56 PM by LynnM. 8 replies.
  • Sat, Mar 6 2010 4:37 PM

    • TD1HOG
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    Question [=?] Can we file a class action law suit ?

    With the invention and great success of the interlock device in stopping drunk driving. I want to know can I hire an attorney to file a class action lawsuit against all states that permanently revoked  a drivers license for 4th offense DUI and refuse to reinstate them as a hardship case with an interlock device.I want them to give all permanently revoked a hardship license to drive with an interlock device. I know we endangered the lives of other motorists each time we drove drunk.We are sorry and recovering in our battle with the disease of Alcoholism. We deserve all the tools available to keep us from driving drunk.I know taking away a license and putting people in jail works too but not as good as an interlock device. 

     We were convicted before the interlock device became available,we deserve a chance to petition the courts to reinstate us as a hardship with an interlock device drivers license.To leave us hanging in limbo is not good. Read the news each day repeat drunk drivers kills another innocent victim,what a shame when society has the tool to stop all drunk drivers from driving drunk THE INTERLOCK DEVICE saves lives! Mandate all states to use it on ALL drunk drivers, 1st offenders too, as well as permanently revoked drivers convicted before the interlock device was invented.

  • Sat, Mar 6 2010 4:55 PM In reply to

    Re: Can we file a class action law suit ?

    If you can find other convicted drunk drivers willing to join you AND pay the attorney's fees, court costs, expert testimony fees etc. I am sure that eventually you would find an attorney or firm willing to take the case.  The bigger question is would you be successful?  The answer is probably not.  Your best recourse is to work on changing the law in your state.  Until the law changes a class action lawsuit isn't going to be helpful.  The other thing to be aware of is you more than likely will not find much support for giving a license back under any circumstances to a four time DUI offender. 

    "what a shame when society has the tool to stop all drunk drivers from driving drunk"

    Actually most hard core DUI drivers find a way around the interlock too.  All it does is slow them down.  I have known more than one offender with a required interlock that gets their kids to do the blow so the car starts or another sober friend or family member.  Does it stop them from driving while impaired?  Nope.  Not a bit. 

    Permanently revoking a license doesn't even keep them off the roads either.  The problem with your theory that sentencing all DUI convicted offenders to an interlock is the guarantee to safety on the roads is that there are ways around it, there are your hard core drunks who are convinced they aren't impaired and continue to drive, and the ones who have no intention of stopping even if sentenced to an interlock.  Not every multiple DUI offender is in recovery for their alcohol problem and sober.

    Feel free to try and change the law but I don't see it happening given that states are cracking down harder on DUI not easier to keep the drunks off the road.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Sat, Mar 6 2010 5:55 PM In reply to

    • TD1HOG
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    Re: Can we file a class action law suit ?

    I understand New Mexico allows their permanently revoked drivers to get an interlock device drivers license that allows them to drive where and when they want as long as they are in compliance with the interlock supervision program.

     Does New Mexicos' having enacted this law lay the foundation for the class action law- suit?  

     It looks to me that the interstate drivers license compact agreement would now be null and void because of the huge difference in New Mexicos rules and the rest of the states. The reason the interstate agreement was valid is that all states had similar rules.

  • Sat, Mar 6 2010 9:54 PM In reply to

    Re: Can we file a class action law suit ?

    Let me ask you this.

    What do you think the chances are of any lawmaker, any judge or any member of the voting, taxpaying public having an ounce of sympathy for the "hardships" of people with four DUI convictions?

    You certainly have the right to band together with other people in similar circumstances, pool your money and hire a lawyer who is willing to take your case.

  • Sat, Mar 6 2010 11:35 PM In reply to

    • TD1HOG
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    • FL
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    Re: Can we file a class action law suit ?

    Pretty good there is a bill before congress in Florida now that holds a little hope for us old drunks,HB165 in Florida,

    CS/CS/HB 165 - Penalties for Driving Under the Influence GENERAL BILL   by Roads, Bridges & Ports Policy Committee and Public Safety & Domestic Security Policy Committee and Nehr (CO-SPONSORS) Roberson, Y.

    Penalties for Driving Under the Influence: Provides for mandatory placement of ignition interlock device on all vehicles owned & operated by person convicted of four or more DUIs if person obtains restricted license or permit; increases fine that may be imposed under certain conditions; provides for distribution of additional funds; provides petition & license-reinstatement process for those persons whole license has been permanently revoked for multiple DUI convictions; provides timeframes & criteria for petition & reinstatement process; requires quarterly review of reinstated drivers by licensed DUI program; requires reinstated license to be restricted for employment-only purposes for at least 1 year; requires ignition interlock device for reinstated drivers; requires reinstated drivers to assume costs of supervision; provides for revocation of driving privilege after reinstatement under certain circumstances; requires ignition interlock device for 5-year period for persons convicted of four or more DUIs.

    God loves us all even the lowest of the low,I feel awful about risking innocent lives by my selfish behavior I often tell people I am the luckiest SOB alive having driven drunk 1000's of times and been lucky enough not to have harmed anyone in a car crash. I too think drunk driving laws should be tougher. Hopefully the youth of today will take advantage of todays technology and learn not to drink and drive before they end up like me.

  • Sat, Mar 6 2010 11:54 PM In reply to

    Re: Can we file a class action law suit ?

    This is simple.

    A class action lawsuit will get absolutely nowhere.

    Why?

    Because nobody is doing anything wrong to convicted drunk drivers by permanently revoking their licenses.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Sun, Mar 7 2010 12:15 AM In reply to

    Re: Can we file a class action law suit ?

    TD1HOG:
    I want to know can I hire an attorney to file a class action lawsuit against all states that permanently revoked a drivers license for 4th offense DUI and refuse to reinstate them as a hardship case with an interlock device.

    The answer to your implied legal question is that no class action against the states would succeed; it would be dismissed from outset because you cannot use the courts to force states to enact laws that you want to see passed; that is not the role of the courts, it is the role of the legislature. So you need to use the political process in your state—lobby your state legislature and, if your state has an initiative/referendum process, you can use that to try to get the law passed the way you want it.

    Understand that you won't likely find a great well of support for this. There are lot of people, myself included, who simply don't want people who have been habitual DUI drivers on the road. After the first conviction, the DUI driver has no reason not to know drinking and driving is illegal. Continuing to drive DUI after that simply shows a disregard for the law and the safety of others, IMO. Having a sanction that says you can never drive again after 4 DUIs hopefully would provide incentive for folks who have been convicted of several DUIs already to never get that fourth one.

  • Sun, Mar 7 2010 2:12 PM In reply to

    • Ford
      Lawyer
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    • Joined on Thu, Mar 16 2000
    • Posts 12,797

    Kind of . . .

    Anybody can sue anybody for anything.  The problem is that this is about legislation, and your remedy is at the ballot box, NOT in the courts.  The courts could not order the legislature to make the law that you want.

  • Mon, Mar 8 2010 8:56 PM In reply to

    • LynnM
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    • CA
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    Re: Can we file a class action law suit ?

    Absolutely not. Every state is free to make their own laws.

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