Legal Question in Constitutional Law in Ohio

Bill of attainder and Due Process

The State has empowered the CSEA to revoke driver's license due to ''default'' of support payments. But this process does not include a criminal charge or explicitly provide for a trial. It is a form of punishment without Due Process and violates the bill of attainder law. Though driving is a privilage there is no fairness is this form of punishment. I thought that the Constitution provided for seperation between the legislative and judical branch. How did the State circumvent these principles??????????????

where am i wrong????

thanks....


Asked on 2/03/05, 12:00 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Bill of attainder and Due Process

A Bill of Attainder is a law directed at a specific person, which is not what you are dealing with here.

And I doubt there is a separation of powers issue involved when the DMV revokes a driver's license, but I might feel differently if I reviewed the statute involved.

The fact that there is no criminal charge is beside the point. You seem to believe only a criminal conviction can justify revoking your license, but that isn't true.

You may have a decent due process argument since you are losing a privilege without having been given a chance to defend yourself. But is it really true that you had no way to fight this process? Many laws which don't provide for an automatic hearing do allow the person affected to demand one; if such an option was available and you did not exercise it, that was your failure and not the law's.

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Answered on 2/03/05, 2:58 pm


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