Yes, the scheme was unlawful. Yes, the Government admitted it was faulty. Yes, there was no opportunity for a substantive review (and still isn’t). But the Court ruled that, despite the law having been unlawful, everyone is punished nevertheless. And now the Government is going to want its pound of flesh.
Although an appeal is in the works, we expect to receive letters this week from the OSMV and the Attorney General telling us that their intention is to re-prohibit many people from driving and force payment of the fines, for the Interlock, etc. The Government wants your money.
What is the effect of an appeal? The Government will take the position that the issue has been decided by a superior court. Their view will be that an appeal should not suspend the cases further and that the punishment should go on in any event.
Imagine that you’re on death row waiting to be hanged for a crime that you didn’t commit. And then it’s revealed that the evidence the police relied on in your case and others was unreliable. And that the law under which you were convicted was invalid. Now imagine that the Government argued that you should be executed nevertheless. And the court agreed.
Some have written to us in the last few days to express this sentiment. We feel the same way.
In any event, what you need to know now is that the Government will start the process of cancelling temporary licenses and notifying people that the interlock and RDP requirement are coming back to them.
We want you to know this so you are prepared. But we also want you to know that we are working on the problem and there is hope.
We will post some updates for the various classes of individuals over the week and we will let you know what we hear from the Government as they move closer to trying to collect their pound of flesh.