Voorhees, NJ asked in Constitutional Law for New Jersey

Q: Is there a civil rights violation when there is a continuous deprivation of a protected property; a driver's license?

Would this be under the discovery rule or would this be a continuous violation? As the continuing need for a driver's license is essential to one' livelihood.

Related Topics:
1 Lawyer Answer

A: I think you are confusing some concepts in law -- and that's okay as you are not a lawyer. When defendants assert a statute of limitations as a defense, there are two doctrines that may be to plaintiffs to avoid the defense and thereby extend the time during which claims may be brought: (1) discovery rule (a limitations period does not begin until the plaintiff knew or should have known of facts giving rise to the violation) and (2) continuing violation doctrine (plaintiff may recover for acts which, if viewed individually, would be time-barred, by treating them as part of a pattern of violations or as a single violation).

You asked if there is a civil rights violation when someone is deprived of a driver's license. Maybe, but it does not have anything to do with these defenses to the argument that a person's claim is barred by a statute of limitations.

With that said, one would need to know more about why the license was not granted to begin to assess whether you can sue to redress the harm. Last year, the ACLU did bring suit for a "court’s practice of suspending the driver’s licenses of people who are too poor to pay exorbitant traffic fines. In 2015, over 11,000 driver’s licenses were suspended in Solano County for failure to pay alone." Note, however, that this lawsuit was described as a first of its kind, which means that they are attempting to make new law.

https://www.aclunc.org/news/ca-legal-orgs-bring-first-its-kind-lawsuit-challenging-harmful-driver-s-license-suspension

Here is more information on the issue of suspending licenses in California if you are interested: http://www.lccr.com/not-just-ferguson-problem-how-traffic-courts-drive-inequality-in-california/

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.