Larry wrote:
> Vox PopuliŠ" wrote:
> > Theodore A. Kaldis wrote:
> > > Kent Wills wrote:
> > > > Terry wrote:
> > > > >
> > > > > How can I find out for sure without risking more trouble for
> > > > > my niece?
> > > >
> > > > Have a different officer run her license. If the information comes
> > > > back the same, then it's Georgia that made the mistake.
> > >
> > > Georgia can't suspend an Alabama licence, Einstein, they can
> > > only suspend an Alabama-licenced driver's privilege of driving in
> > > Georgia.
> >
> > But being there is an Interstate Drivers License Compact between
> > most states, a suspension in one state results in a suspension in
> > the others.
>
> That's not at all what the Interstate Drivers License Compact says.
>
> Among the 45 states that signed on to the compact, they simply
> *share* information with each other (and at least one other state -
> Massachusetts - shares information with all other states despite not
> singing on to the compact).
>
> What each other state does with information provided to it is up to each
> individual state. The IDLC says nothing about this, and each state can
> do whatever they want based on information they are told. For example,
> Kansas will revoke your license if you have a DWI conviction in another
> state, but will not revoke your license if another state issues an
> administrative suspension on your license or driving privileges.
This is the reason Driver Licensing as a Police Power is
UnConstitutional. Driver Licenses are wrongly assumed to be
Constitutional under Police Powers. But, Police Powers must be
composed of "uniform regulations" (Hendrick v Maryland). Yet, you
demonstrate by your own words above that Driver Licensing IS NOT
composed of "uniform regulations". Spicifically, what may get one's
driver licenses suspended in their own state does not necessary get an
out of state driver licenses suspended, and they may continue to drive
within the state that suspended it's own citizen's driver license.
For example: A Texas citizen has a Texas driver license. A Tennessee
citizen has a Tennessee driver license. One day, both drivers are
driving beside each other on a Texas highway, both drivers committing
the same traffic violation, and are stopped at the same time by the
same police officer. In Texas, that offense might get one's driver
license suspended. In Tennessee, it may not. Both drivers might be
equally fined, but Texas can not suspend a Tennessee driver license.
The Texas driver has his driver license suspended, and it is assumed he
can no longer legally drive, on Texas highways, or any other state's
highways. On the other hand, the Tennessee driver does not have their
driver license suspended, and it is assumed they may continue to
legally drive in their own state, in other states, and in Texas. Flat
out, this DOES NOT exhibit "uniform regulations".
"No State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States; nor shall
any State deprive any person of life, liberty, or property, without due
process of law; nor deny to any person within its jurisdiction the
equal protection of the laws." -- 14th Amendment of the US Constitution
"In the absence of national legislation covering the subject, a state
may rightfully prescribe uniform regulations necessary for public
safety and order in respect to the operation upon its highways of all
motor vehicles,-those moving in interstate commerce as well as others."
- Hendrick v Maryland, 1915,
http://laws.findlaw.com/us/235/610.html