The dust has not settled yet.
The decision will impact many people. Right now we are waiting to see how the Government reacts to the Court’s decision. We are waiting for:
1. An Order and Declaration from the Court that found certain parts of the IRP scheme unconstitutional. The judge has asked the lawyers back into Court to make submissions on the form of Order and Declaration.
2. The AG’s position on those who were caught by the unconstitutional legislation. Is the Government going to remove the IRP from a driver’s abstract? Refund fines, impound fees, interlock and course costs? Or are they going to require people to sue the government?
3. Will the Government appeal the decision? Will it apply for a “stay” which would prevent the decision from taking legal effect until an appeal is heard or the legislation is amended to remedy the portions that were held to be unconstitutional?
The dust is still settling on the whole thing and we do not have firm answers yet. The OSMV is still requiring us to conduct hearings, so we encourage anyone who has received a 90-day IRP in the last 7 days to contact us immediately. It could be an indication that the Government is planning an appeal. We are closely monitoring the situation and trying to determine the best means of helping our clients. Keep your eyes on our Website and the Blog.
In a few days everything should become more clear. So for the moment, stand-by.