Carbone v. State of Rhode Island

  • Filed: 03/28/2010
  • Status: Closed
  • Latest Update: Mar 28, 2010
Placeholder image

Summary

A federal lawsuit against the RI Department of Motor Vehicles (DMV) contesting a "notice of action" sent to plaintiff Gerald Carbone informing him that his licence would be suspended, but giving no information about the nature of the alleged offense leading to the suspension, about the penalty for the offense, or even the date that the offense purportedly took place. The suit argued that this notice and the fact that the DMV will only grant a hearing after the licence is suspended violate Carbone's due process rights.

Attorney(s):
James E. Kelleher

News & Commentary

Sep 24, 2010

ACLU Settles Suit Over DMV Driver License Suspensions For Incidents Occurring on "00/00/0000"

The Rhode Island ACLU today announced the favorable settlement  of its federal lawsuit against the Division of Motor Vehicles for advising thousands of motorists earlier this year that their license and registration would be suspended due to alleged unpaid fines that sometimes went back decades. The lawsuit called the DMV notices “facially unconstitutional,” as they gave recipients no information about the nature of the alleged offense leading to the suspension, the penalty for the offense, or even the date that the offense purportedly took place.

Placeholder image
Apr 26, 2010

ACLU Sues Over DMV Procedures in Suspending Driver's License for Incident Occurring on "00/00/0000"

The Rhode Island ACLU has today filed suit in federal court to contest the Division of Motor Vehicles’ actions in advising thousands of motorists that their license and registration will be suspended due to alleged unpaid fines that may go back decades. The lawsuit the notices sent out by the DMV “facially unconstitutional,” pointing out that they give the recipients no information about the nature of the alleged offense leading to the suspension, about the penalty for the offense, or even the date that the offense purportedly took place.

Placeholder image

Learn More About the Issues in This Case

Due Process View All Issues

Related News & Podcasts

News & Commentary
Sep 24, 2010
Placeholder image
  • Due Process

ACLU Settles Suit Over DMV Driver License Suspensions For Incidents Occurring on "00/00/0000"

The Rhode Island ACLU today announced the favorable settlement  of its federal lawsuit against the Division of Motor Vehicles for advising thousands of motorists earlier this year that their license and registration would be suspended due to alleged unpaid fines that sometimes went back decades. The lawsuit called the DMV notices “facially unconstitutional,” as they gave recipients no information about the nature of the alleged offense leading to the suspension, the penalty for the offense, or even the date that the offense purportedly took place.
News & Commentary
Apr 26, 2010
Placeholder image
  • Due Process

ACLU Sues Over DMV Procedures in Suspending Driver's License for Incident Occurring on "00/00/0000"

The Rhode Island ACLU has today filed suit in federal court to contest the Division of Motor Vehicles’ actions in advising thousands of motorists that their license and registration will be suspended due to alleged unpaid fines that may go back decades. The lawsuit the notices sent out by the DMV “facially unconstitutional,” pointing out that they give the recipients no information about the nature of the alleged offense leading to the suspension, about the penalty for the offense, or even the date that the offense purportedly took place.