La. Law Allowing Driver’s License Seizure Challenged The Associated Press
NEW ORLEANS (AP) - A record producer cited for speeding in a school zone is challenging a state law allowing police to seize driver’s licenses pending the outcome of certain traffic cases.
In a suit filed in state district court, John Fischbach challenges the constitutionality of the law, saying that a picture identification is required to exercise many rights. The suit also says seizing a license without a hearing or the chance to post bond is unconstitutional.
Fischbach said he was cited Sept. 1 in New Orleans in an area where he contends a sign was hidden by trees.
“I’ve been driving since I was 16 years old, and I’m 59,” Fischbach said Thursday. “I’ve never had anybody take my license.”
The lawsuit asks Civil District Judge Carolyn Gill-Jefferson to rule that the statute unconstitutionally deprives him of the identification he needs for financial transactions, access to public buildings such as City Hall and the federal courthouse, and airline travel.
The law says an arresting officer may retain the license of a motorist cited for violations including driving under the influence of alcohol or drugs, speeding in a school zone, driving with a suspended license and drag racing.
Fischbach said the New Orleans police officer who took his license told him he was required to do so and gave him a copy of his citation to use for identification purposes.
“Try and get on a plane without a photo ID,” said Fischbach, who added he has been able to continue air travel only because he holds a passport, unlike many other citizens.
State police said that the courts in each Louisiana jurisdiction set policy on such matters, but in most cases troopers allow motorists to sign their ticket and keep their licenses.