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Due Process at the Registry of Motor Vehicles? Not so much.

July 17, 2011 By justice4all22

In the today’s Boston Globe, on the first page of the Metro Section, is an article about a man who had his license revoked due to the whims of the Commonwealth’s face recognition software.  Because this poor slob looked like someone else, he received a letter informing him that his license had been revoked.  This is a man who drives for a living.  Nice.  The letter, dated March 22, indicated his license would be revoked on April 1.  No advance hearing, no nothing.  Then….he goes to a hearing on April 11 to provide a birth certificate and his social security card.  He is also asked for documents that give his current address, which his lawyer did two days later.  License is returned.

I think everyone can understand the importance of routing out fraud. What cannot be condoned are actions taken by the  Registry without due process.  Ms. Kaprelian comments in the article came off insufferable and arrogant:

“Kaprielian said the Registry gives drivers enough time to respond to the suspension letters and that it is the individual’s burden to clear up any confusion.” Like people aren’t already burdened in a tough economy and intractable recession….the Registry doesn’t seem to care if it puts people’s jobs at risk.   I know, I know – the economy is supposed to be turning the corner, but the jobless recovery and new normal still feels like a recession to me.

Let’s see.  The Commonwealth has software that sometimes makes mistakes.  The “burden” in on the license holder to fix the problem within 9 days of receipt of notice, and that’s if the mail came on time. No hearing beforehand.  Here’s another example for the cynical to believe that our non-elected public officials are disconnected from the average person’s day to day living.   Let ’em eat cake.

This gent is now suing the Registry and so he should.   A drivers license may be a privilege, but due process is the hallmark of a civilized society.  Pity that Ms Kapriellian missed that class in high school.

 

 

 

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Comments

  1. AmberPaw says

    July 17, 2011 at 2:49 pm

    Also, that policy presumes that the registry uses the right mailing address and that all of us always get our mail.

    • howlandlewnatick says

      July 17, 2011 at 5:20 pm

      For many years the RMV was getting better. Reforms that sped up the lines, bright, articulate people. Lately it seems to be slip-sliding into a TSA mode. How fortunate of Ms. Kapriellian that she never had to worry about missing a day’s pay, the timely delivery and receipt of mail and the caprice of recognition software.

      In regard to the fluff piece on the RMV site, actions speak louder than words.

  2. kirth says

    July 17, 2011 at 4:38 pm

    I thought due process had been ruled superfluous in auto-related matters. For instance, there’s the $25 non-refundable fee to contest a speeding ticket in front of a clerk magistrate. It amounts to an automatic $25 fine if a cop feels like writing you a ticket for something you may or may not have done. Of course, if the magistrate’s ruling goes against you, you can appeal to a judge – after you pay another $50 non-refundable fee.

    • justice4all22 says

      July 17, 2011 at 10:56 pm

      one can request a hearing before being judged “guilty.” In this case, it’s guilty first, and prove your innocence laster. How the heck is this acceptable in America?

  3. howlandlewnatick says

    July 17, 2011 at 6:42 pm

    Cities and towns want the money. Their gun-toting uniformed extortion specialists write the charges to secure the payments based on their say-so. Got a gripe? Take it to a magistrate that’s got a job-for-life that isn’t about to rock any boats. Whatever the cop says is good enuf. Still want to gripe? Take it to the judge, who may be the blood relative of the magistrate. Yeah, that’s gonna work.

    Pay the ticket, especially If you’re young or a minority,.

    “All institutions are prone to corruption and to the vices of their members. –Morris West

  4. Christopher says

    July 18, 2011 at 11:09 am

    As such the burden of proof is not as high. In DC I had mixed success contesting parking tickets, which I did via the mail option rather than an in-person hearing. I would send the ticket back without payment, having checked the “not guilty” box and enclosed a letter explaining my case with any evidence I might have had. That’s how DC does it anyway; I’ve never been ticketed in Boston.

  5. merrimackguy says

    July 18, 2011 at 11:13 am

    Pay a fee, see a magistrate. No cop.

    Unhappy with the magistrate’s decisison? Pay a bigger fee- see a judge. Hope the cop doesn’t show.

    So even if innocent you’ve got $125 in fees and you still could be found guilty and pay $150 or whatever.

    Plus lost work time (x2).

    Add to this cities like Lowell that are issuing traffic tickets right and left to generate revenue, and…

    The current system really stinks!

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