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State Court Cases

2009

Summers v Adams - Separation of Church and State.  Refusal for issuance of the "I Believe" license plate in South Carolina.

Alberta v. Hutterian Brethren of Wilson Colony - Freedom of religion and refusal of capture of photograph on the driver's license in the Canadian Supreme Court.

Kraege v. Busalacchi - Sovereign immunity.Rules that state DMV officials cannot be sued under 42 U.S.C. section 1983 for allegedly violating the DPPA because only the U.S. Department of Justice can sue a state agency for violating the DPPA

Rehman v. California DMV - Contention of the BAC limit for commercial drivers.

DPPA Lawsuits - Jurisdictional Responses to DPPA Lawsuits - Provided by AAMVA Jurisdictional Member and Provided to Members Only

People v. Lance McNeal
California Supreme Court.  Application of the "generic DUI" rule for driving under the influence. 

2008

Alavez v. MVA 
Maryland Court of Appeals.  Maryland resident-applicant was denied a driver's license due to a New Jersey license suspension claiming he had forged citizenship documents.

Arizona Life Coalition v. Stanton
Federal appeals court rules that an Arizona anti-abortion group's right of free speech was violated when the state refused to issue specialty license plates with the message "Choose Life." Case Number: 05-16971.

Bearing Point, Inc. v. State of Missouri
Regarding bulk record sales

Fourth Appelate RE: Red Light Cameras
California Court of Appeals ruling defended red light camera programs against a number of legal challenges.

R.L. Polk v. Missouri Department of Revenue
Release of public records in compliance with the Sunshine Act.

A-92-07 State of New Jersey v. Paul Amelio (61,798)
Was the stop of this motor vehicle valid based on the phone call to police by defendant’s daughter in which she stated that defendant was “drunk” and described the vehicle and its location?
Certification granted 1/24/08
Argued: 10/6/08
Decided: 12/22/08

State of Tennessee v. Richard Adam Hannah
Tennessee Supreme Court rules on driving too slowly and impeding traffic.

2007

State v. Fisher
Leaving the scene of a fatal accident

Cubas v. Martinez

Non-issuance of driver's licenses to applicants who lack valid social security numbers (SSNs), unless those applicants prove that they are ineligible for SSNs. As proof of ineligibility the DMV requires applicants to submit immigration documents issued by the Department of Homeland Security (DHS).

Roddy v. Superior Court
Disclosure of certain State of California Department of Motor Vehicles (DMV) information in connection with Defendants' investigation into whether the jury selection process managed by the Jury Commissioner complies with constitutional standards.

Agomo v. Fenty
-Vehicle owners brought action against district, alleging that the automated traffic enforcement system (ATE system) violated their due process rights

Guillen v. Schwarzenegger
-Class of welfare recipients petitioned for a writ of mandate to compel Governor and Director of the Department of Social Services to pay a supplemental cost of living adjustment (COLA) allegedly due because of Governor's order directing reinstatement of 67.5 percent offset for vehicle license fees (VLF) that had been suspended by previous Governor

Merchants Ins. Group v. Geralis
-Insurer of automobile in which insured passenger was killed in an accident filed petition to stay arbitration of a supplementary underinsured motorist claim

Department of California Highway Patrol v. Superior Court
-Safety helmets for motorcycles

Richardson v. Driver and Motor Vehicle Services Div.
-Motorist sought judicial review of determination by Department of Motor Vehicles (DMV) to deny further driver's license testing, cancel driving privileges, and deny driver's permit in order to complete driver's training.

Fussell v. Department of Motor Vehicles
-Expired information requests to DMV by inmate.

Wilczewski v. Neth
-Driver ineligible for a driver's license until his five-year period of ineligibility to drive in another state had ended.

2006

Forrest Padilla v CA Dept. of Motor Vehicles
-Refusal to submit to chemical test

Donald Paul Huber v SD Dept. of Public Safety
- Cancellation of license for medical reasons

Lewis v State of Idaho, Department of Transportation
- Refusal to provide SSN due to religious reasons

Lake v Perdue
- Fulton County Superior Court (GA); voter photo ID requirement

Maria Cubas v Raymond Martinez
- NY Supreme Court; identity requirements for licensing

2005

Valov v. Department of Motor Vehicles
-Failure of Department to issue licensee a license without requiring a photograph, alleging that such requirement violated his right to free exercise of religion

Office of Child Support v Joyce Stanzione
- (VT) revocation of DL due to failure to pay child support based on religious beliefs