Posted on 01/13/2008 11:41:55 AM PST by Libloather
Court upholds denial of driver's license
By Liz F. Kay and Tim Wheeler | Sun reporters
January 10, 2008
The state's high court upheld yesterday a decision to deny a driver's license to a Maryland resident whose permit in New Jersey was suspended because he had forged citizenship documents.
Ramiro Silba Alavez, who is from Mexico, received a New Jersey license that was withdrawn after it expired in 1991, according to the decision, because the applicant had made misrepresentations on his application when he arrived in the United States.
Unlike Maryland, New Jersey requires applicants to prove they are American citizens before licensing. But Maryland law prohibits its Motor Vehicle Administration from issuing driver's licenses to people whose licenses are suspended in other states.
The Court of Appeals opinion, written by Judge Alan M. Wilner, states that the petitioner was asking the courts to overlook that rule if the other state's suspension "is for conduct that would not warrant that result in Maryland."
The courts cannot add language to limit laws, Wilner wrote.
Judge John C. Eldridge, in his dissent, wrote that the plaintiff would never be eligible for a license because the applicant could not rectify the situation in New Jersey. However, had someone applied for a Maryland license and submitted false documents, he would be permitted to reapply for a license after a year.
"Since the laws in Maryland are our governing laws, we should follow those laws and not those of another state," said Eliza Leighton, director of strategic initiatives for CASA of Maryland. The advocacy group filed a brief supporting the plaintiff.
State Sen. Andrew P. Harris, who is running for Congress in a primary in which immigration has been an issue, hailed the decision.
(Excerpt) Read more at baltimoresun.com ...
Unlike Maryland, New Jersey requires applicants to prove they are American citizens before licensing.
Something doesn't add up...
Paging Hillary Klintoon.
WTF????This clown has forged citizenship documents and he is still here??? Why hasn’t this POS been deported, rather than left here to waste the court’s time and taxpayer money listening to his sniveling ass....
It’s so clear. Maryland will issue a license to an illegal but not to a citizen who has had their license suspended in another state. Makes perfect sense.
It adds up completely. Illegal alien from Mexico applies for New Jersey license, “proving” citizenship with phony document, gets license, document is shown to be phony, license is suspended.
Illegal alien applies for Maryland license, need not show citizenship, but a check shows that his New Jersey license is suspended, Maryland reasonably will not issue a license where the applicant’s license was suspended in another state, to prevent “license shopping”.
I disagree with the dissenting Judge’s statement that the plaintiff would never be eligible for a license because the applicant could not rectify the situation in New Jersey.
Won’t the license expire, even though it is suspended? Or does the suspension last forever, even after the time it would normally expire?
Really smart taking the license away and not deporting.
Great. Another unlicensed illegal driving on our roads and a hit & run waiting to happen.
he may have been here for the Reagan amnesty. His license expired in 1991.
The only thing amazing here is an illegal fighting for right/privelages that apply to US citizens in our court system.
Wait! Hold on! Tour, Sir, are being unfair!.
Kennedy, President Bush, Spitzer, The Beast, McCain, Huckster, and dozens of other "America's leaders" are all in favor of allowing illegals breaking the law. So, therefore it's okay, and no one should dare question their integrity in allowing them to spit on on the soveignty of the United States.
/s
This p.o.s. just needs to apply in Maine. You do not even need to prove residency. Sad, but true.
“This p.o.s. just needs to apply in Maine. You do not even need to prove residency. Sad, but true.”
It is sad.
Here in Indiana, BMV is now requiring a Social Security card to apply for OR renew a license, and the name used better match the number that’s in the SS database.
BMV is checking their entire database against the SS database to find names and numbers that do not match. If they do not match the drivers license will be suspended and SSA notified.
Life is about to get a whole lot tougher for illegal aliens using a fraudulent SS number.
Several questions come to mind:
1. Who brought the lawsuit?
2. If it’s Alavez, where did he get the money?
3. Why is this Alavez still in the country?
Maryland “Freak State” PING!
Unfortunately, with the right lawyering, this could happen! Question: "Why is the Mexican still here?"
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