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Ohio BMV and Random Searches
Recently, I was one person of the lucky 20% of Ohio motorists who was sent a random request for proof of financial responsibility. This pisses me off.
Now, they claim that Ohio Revised Code 4501.022 allows the registrar to send these requests out. I really question the legality of this request. The way I see it, this equates to your local police department randomly searching 20% of the houses in their jurisdiction for illegal firearms or drugs. I have always had insurance on any vehicle I drove since the issuance of my driver's license a long time ago. There is no probable cause for them to issue such a request. The real kicker here is there's nothing I can do about it. If these requests are ignored, that person's license is suspended. That is complete insanity.
I know most will just say to send the proof and be done with it. Eventually, I will do that but I still think this whole idea is bullshit. In a criminal court trial, the burden of proof is on the prosecution, not the defendant. They have to prove you did something wrong. But here, I have to prove I didn't do anything wrong.
Well, that's one more hole in the Bill of Rights and Constitution armor, I guess. Starting to look a bit like Swiss cheese lately....
I THOUGHT THE SOUTH WAS BE HIND TIMES. I CURRENTLY NOW RESIDE IN SOUTH
CAROLINA AND OHIO WANTS PROOF OF MY AUTO INSURANCE SO I MAY GET A SOUTH
CAROLINA LICENSE. WELL ANY WAYS I CALLED OHIO BMV IN COLUMBUS TO SEE ABOUT
MY INS. CARRIER FAXING THEM A COPY OF MY INSURANCE (WHICH THE UNDERWRITER
IS IN OHIO). THEY INFORMED ME THEY DO NOT EVEN RECEIVE FAXES. THE SC DMV
WILL EVEN RECEIVE A FAX FROM AN INS. CO. AND THEN CALL TO VERIFY IT. I FOR
ONE WILL BE GLAD TO BE RID OF THE OIIOH BMV FOR GOOD!!!!!! GOOD LUCK TO
THE REST OF YOU ON DEALING WITH THEM.
MARK J. [markaj9@aol.com]
I completely understand your feelings...I too had to send in proof of
financial responsibility...However,I must tell you the state is well within
its rights to request proof of financial responsibility...This is not an
issue of rights guaranteed in the constitution...Nowhere in the
Constitution, State or Federal is there a guarantee of ones right to drive
a motor vehicle. The right to drive a motor vehicle is a privelege granted
by the state. A citizen must pass written tests,eye exams,and driving test
to be granted the write to drive in that state...You are also required to
sign your lisence(ie.CONTRACT...READ THE SMALL PRINT),which states the
state has the right to request proof of insurance at anytime. You sir took
a test to recieve a license...A license always comes with rules governing
the person who wishes to posses it....You agreed by signing your license
that you would provide proof at anytime...I was a law enforcement officer
for 10 years and I can tell you approximately 20% of the motorists on the
road do not have insurance or are driving on a suspended license...These
people are the reason you pay more and more for auto insurance every
year...The states attempt to catch those individuals might be an
inconvenience to you and me but it also helps to lower the costs for
taxpayers and the insurance industry....this results in a lower cost to us
in premiums...Simply put, you made a contract with the state and they are
requesting you live up to that contract.This issue has nothing to do with
the Police or the Fourth Amendment of The Constitution..If you dont like it
turn in your license and ride the bus. The state is working to make you
safer.Your arguement is based on feelings not facts.I recommend the next
time you sign something you read the fine print!
DCloud
Sorry bro, you're wrong. The lack of insurance is a violation of the law
and there should be proof that I did something wrong before I have to prove
otherwise. I was a police officer in Ohio so I know Ohio law. Granted,
it's been 10 years, but I still know the law.
The Bill of Rights protects you from unlawful searches and siezures. Without probable cause, this practice should be stopped. If I had an accident, that's one thing. But to just randomly "search" drivers for proper insurance is wrong - period.
I suppose you're ok with getting stopped and cited for speeding with no radar clock, VASCAR, etc. (ie - no probable cause), and then having to go into court to prove you weren't speeding? Same thing here. You get a letter stating that you need to prove your not doing something illegal under Ohio Revised Code.
And for the "contract" I signed when getting my license? Well, I've been driving for about 19 years now and I don't recall signing this "contract" originally. It was added within the last 5 years or so. Hmmm, changing the contract well into the agreement. That's fair.
If you really think lack of insurance actually stops people from driving, you're sadly mistaken. If they fail to reply with proof of insurance, they lose their license. So? Most will drive anyway. Trust me. I've arrested many for doing so - multiple times.
Sure, if I don't like it I can quit driving and ride the bus. I can be a good little boy and just go along with what the state says to do. That's the problem in our country. No one speaks out against bullshit. The Nazi's did the same thing - just nodded their heads and went along with it. But if you don't like my opinion and stance on the state of our deteriorating legal system in this country, you can sell your computer and stop reading my site.