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Federal suit filed to declare TX Driver Responsibility surcharge unconstitutional

If the Legislature doesn't abolish the Driver Responsibility Surcharge, might federal courts intervene to scrap the program? Reports the Fort Worth Star-Telegram:Mimi Coffey wants to scrap Texas' Driver Responsibility Program.If she doesn't accomplish the task first, the Texas Legislature appears poised to do so.The Fort Worth defense attorney has filed a federal lawsuit asserting that the surcharges assessed through the program are unconstitutional under the Fifth Amendment.The act, established in 2003, violates the double-jeopardy clause in the U.S. Constitution that prohibits the government from imposing more than one punishment for a single offense, Coffey said.The suit was filed in the U.S. District Court for the Western District of Texas...continue to full post

Full post as published by Grits for Breakfast on December 06, 2010 (boomark / email).