No License to Drive in South
Response Below Article)
Follow-Up: No License To Drive
It could shock you to know how many people are
on the road and don't have a drivers license, either because it was taken away
or they simply never got one. On Wednesday night’s Eye on KELOLAND we showed you
people driving away from the Minnehaha County Courthouse after pleading guilty
for not having a license.
So what are the penalties and why aren't
they being enforced?
As people walked out to their cars just
minutes after being in court for not having a drivers license, KELOLAND's Lou
Raguse asked why they were breaking the law, again.
We caught them
easy enough, so why isn't law enforcement doing the same?
County State’s Attorney Dave Nelson says, “I don't think there's any question
but that we can be and probably should be much more aggressive, particularly
with repeat offenders.”
Nelson says the number of people who drive
with a revoked or suspended license is astounding.
He says, “We have people
driving on the streets of Sioux Falls, on the streets on South Dakota that
aren't eligible to get a drivers license for the next five years or longer
because of their history of driving while suspended, or driving while revoked,
or driving without proof of insurance.”
Nelson says this class two
misdemeanor can send a person to jail for 30 days...or even up to a year. But he
says that rarely happens.
“Driving without a license is a very
foolish reason to go to jail. Some people do when they repeat enough, but
typically that's not what the penalty is,” Nelson says.
he's tried to fix the serious problem before.
He says, “We experimented
with that several years ago where I had members of the Police Department come
over to courtroom 1A and follow these people out into the parking lot and cite
them and we were successful in doing that. But again that's a very very labor
intensive and expensive and time consuming proposition.”
He says it
essentially comes down to money, and it would be too expensive to put everybody
who drives without a license in jail.
We contacted judges who see
people daily for driving without a license and asked them what they think could
be done to keep them from behind the wheel. Two we spoke with on the phone
didn't want to comment on camera. And one told us it happens every day. Sheriff
Mike Milstead says they just don't have enough resources to make sure those
without a license don't drive away from court.
KELOLAND TV. All Rights Reserved.
interesting that South Dakota is now having problems enforcing their driving
licenses laws. During the 2006 election cycle the subject of driving licenses
was brought up in the legislature's alleged "Resolution" against South Dakota
JAIL4Judges http://legis.state.sd.us/sessions/2006/bills/HCR1004p.htm wherein it is
author of Amendment E has publicly stated that with the passage of Amendment E,
Judicial Accountability Initiated Law members from across the country will
"purposely drive to South Dakota...just for the privilege of getting a traffic
ticket so you can demand a jury trial."
So now South
Dakota is finding it difficult to enforce their driver's license law
against unlicensed drivers. J.A.I.L. raised the question during the election as
to how they were going to enforce the law against unlicensed drivers by obeying
their Oath's of Office in providing a Jury trial to each and every driving
offense as provided in the U.S. Constitution, Article III, Sec. 2, clause 3,
"The trial of all crimes, except in cases of impeachment, shall be by jury."
Once one determines that driving offenses has nothing to do with impeachment, it
becomes incumbent upon all judges to respect the Constitution regarding jury
trials, or out they go with the loss of half their retirement. No wonder they
feared the passage of J.A.I.L. so much in South Dakota. If it became so in South
Dakota, it would have subjected the entire judiciary to the same constitutional
standard in all fifty states. J.A.I.L. is the only way we the People are
going to turn around this nation once again accountable to the