Friday, April 10, 2009

How do you go about removing a law from the books due to it being unconstitutional ?

Michigan's driver responsibility law charges it's violators not once but twice for the same offense. Not to mention the county and local courts get to charge you for the same infraction. I realize it is difficult for some people to afford insurance, but what is the point of a law that mainly targets poor people?


The only way to remove a law for it being unconstitutional is to go to court and get a judge to declare it unconstitutional.

I hate to break it to you, but a traffic offense is not considered a crime, nor are they "tried" for it. There is nothing unconstitutional about whatever you are mentioning. A traffic violation is considered an infraction which is lesser than a crime, with the exception of some offenses. Also, the Constitution says when a person is in jeopardy of life or limb. This also is not the case as that means death or imprisonment. You can't be imprisoned for what you are talking about, you are only given a fine, therefore it would not be considered unconstitutional.

In order to challenge something, you would have to have been charged with the offense and challenge it through to the courts until someone rules it unconstitutional... this however is not the case for the posed question.

The law is usually superceded, revised with a new one. The law will be debated due to its unconstitutionality by the law makers who made it in the first place, whether it is unconstitutional or not. Somebody must present a protest about the law in question so that the constitutionality of it maybe question otherwise it will be statute to be followed. But this is a long process, this takes at least years to declared one law to be unconstitutional.

I hope you understand the law you are questioning here, its legality and as you said constitutionality. If it is unconstitutional it will not be drafted in the first place or wouldn't be thre in the law books don't you think? So you think the law students in all universities are studying a law which you said is considered to be unconstitutional?

If you cannot afford insurance, then you dont drive! Driving is not a right.

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