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Indiana BMV Abusing Federal Law, Causing Harm to Citizens

Joel Silverman, BMV Commissioner
Joel Silverman
BMV Commissioner
2005-2006


Ronald L. Stiver, BMV Commissioner
Ronald L. Stiver
BMV Commissioner
2006-Present

This web page contains dialog between me and the Indiana Bureau of Motor Vehicles (BMV). Because of ID theft, the BMV published records to the National Driver Register (NDR) in Washington, D.C. telling the whole country that I have a suspended driver's license in Indiana when, in fact, I have never applied for a license nor ever even lived in Indiana. While I can understand how this error was made initially, once the error was brought to Indiana BMV's attention by the Indiana State Police 4 years earlier, they took no action to correct their mistake.

I discovered this problem when I tried to renew my driver's license in February 2005 and was refused. The reason was that those bogus records were still lingering in the NDR and my own state was powerless to issue a license. I actively worked to try to get this corrected, only to be told "there's nothing we can do" and that if I want to have the records corrected, I "will have to get a court order." After trying to discuss the matter with a number of folks in the BMV and other state and federal agencies, I sent a letter to several Indiana Senators and addressed to the people of Indiana. In response, the Indiana BMV issued a letter to me with wildly exaggerated claims and a threat to prosecute me!

Facts you might want to know:

  • Indiana BMV knew about this issue since at least January 2002, perhaps earlier
  • Indiana issued three different ID cards bearing my name and using my social security number to different people, photographing each of those people with each issuance. (Wasn't the first mistake enough?!?)
  • Indiana knew without a doubt that the records they have on file bearing my social security number are not mine, but they refused to correct the problem
  • These records put me at risk of being arrested on a daily basis for "driving with a suspended driver's license" (which isn't even mine)
  • The law that normally gives a state agency authority to publish records related to those with suspended driver's licenses is 49 USC ยง 30304, but limits such publication to those who have a suspended license "for cause". In my case, Indiana has no "cause".
  • The officials at the National Driver Register contacted Indiana and advised them that they are not publishing records in the spirit of the law and Indiana ignored them.
  • I have never lived in Indiana nor applied for any kind of state ID there

I have been trying to get this problem corrected and Indiana absolutely refuses. In fact, rather than try to correct the problem, Indiana is now threatening me with legal action! Their actions are entirely illogical.

I hope this page might bring to light some very serious issues with the Indiana BMV and raise awareness to the harm that one single state agency can bring to an innocent citizen here in the United States.