December 1, 2006

Joseph E. Austin, Chief
Departmental Office of Civil Rights
US Department of Transportation
400 Seventh St, S.W.
Washington, DC 20590-0001

Dear Mr. Austin,

Thank you for you letter dated November 16, 2006 (reference DOT # IN-2007-0135).

I understand the conclusion reached that the legal jurisdiction is outside of your office. However, I am really stuck between a rock and a hard place. You advised that "you continue to work with your appropriate state agency to correct any errors." Therein lays the problem. I am a resident of North Carolina and I have never lived or resided in Indiana. Indiana is publishing records concerning me, saying to the entire country through such publication, that I have a suspended driver's license in their state.

The way that this came about was that a person stole my ID and acquired a driver's license. That person was arrested on April 15, 2002, prosecuted in November 2002, and (as I understand it) was sentenced to three years in jail. Even though the Indiana Bureau of Motor Vehicles is aware of these facts, they continue to report that a driver's license bearing my SSN is suspended.

I have tried and I have tried to get Indiana to stop publishing my SSN. They refuse. In fact, in their most recent correspondence with me (http://www.arid.us/silverman/20060126/), they threatened to prosecute me if I continued to "harass" them. While they might call my actions harassment, I call it "trying to fix a problem." They were even so viscous in their reply to me as to declare that I threatened their employees! I never threatened anybody. I have written a number of e-mails, letters, talked with various people in the Indiana BMV, etc., and I have gotten nowhere with them. They simply do not care. (All correspondence between me and the BMV is posted on my web site.)

Alas, a police officer that might pull me over while driving through some state will see that I have a valid license from North Carolina and a suspended license in Indiana. I suppose that we will get that straightened out after a night (or weekend) in jail, but I would very much prefer to resolve the problem now, rather than wait until such time as an arrest occurs.

So, if Indiana refuses to correct the problem-which is the case as it stands now-then what can I do? Do I just live with this threat looming over my head for the rest of my life? Is there anywhere you can suggest I turn to correct this misuse of the NDR?

Thanks,

Paul E. Jones
1003 Patterson Grove Rd.
Apex, NC 27502
Tel: +1 919 413 8682
Email: paulej@arid.us