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EDITORIAL : ERROR IN JUDGMENT; COURT FIRED THE WRONG PERSON FOR EXPOSING LOOPHOLE IN INSURANCE LAW.


WHEN judges in Glendale Municipal Court fired traffic commissioner Dona Bracke, it was a classic case of killing the messenger for exposing a giant loophole An omission or Ambiguity in a legal document that allows the intent of the document to be evaded.

Loopholes come into being through the passage of statutes, the enactment of regulations, the drafting of contracts or the decisions of courts.
 in state law.

Bracke's offense was doing more than her job, said her bosses.

When drivers who were ticketed for failing to carry proof of insurance turned up in her courtroom, she ordered bailiffs to call insurance companies and verify that the insurance cards were valid.

The mandatory insurance bill, which passed the Legislature in 1996, has dramatically increased the caseloads in municipal courts throughout the state.

But it has also dramatically reduced the number of uninsured drivers involved in crashes statewide, which in turn has helped lower insurance premiums for drivers.

In 1996, before the law took effect, nearly a quarter of all drivers involved in crashes in California had no insurance. In Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850.  County, the uninsured motorists accounted for 41 percent of all accidents a year earlier.

But what's the good of a law when word gets out that it's beatable in court?

And that's exactly what's happening.

As Bracke discovered, the Legislature failed to include insurance-verification procedures in the mandatory insurance law.

That means when 7,000 to 9,000 people annually show up in traffic court in Los Angeles County now to fight the $1,325 fine for driving without proof of insurance, they can show any fake document they please and get away with it.

Bracke's zeal to uphold the intent of the law riled rile  
tr.v. riled, ril·ing, riles
1. To stir to anger. See Synonyms at annoy.

2. To stir up (liquid); roil.



[Variant of roil.]

Adj. 1.
 lawyers, who whined to Bracke's bosses about her tactics of verifying information. The judges who oversaw o·ver·saw  
v.
Past tense of oversee.
 the Glendale Municipal Court in turn fired Bracke.

Now it's time It's Time was a successful political campaign run by the Australian Labor Party (ALP) under Gough Whitlam at the 1972 election in Australia. Campaigning on the perceived need for change after 23 years of conservative (Liberal Party of Australia) government, Labor put forward a  for legislators to fine-tune the law.

The lawmakers must squash the growing scam (SCSI Configured AutoMatically) A subset of Plug and Play that allows SCSI IDs to be changed by software rather than by flipping switches or changing jumpers. Both the SCSI host adapter and peripheral must support SCAM. See SCSI.  of counterfeiting insurance cards by making it a crime to forge them. It is already a misdemeanor to give false information to the Department of Motor Vehicles In the United States of America, Department of Motor Vehicles (or DMV) is a commonly used name of the government agency of a U.S. state which administers the registration of automobiles (e.g., by issuing license plates), and/or the licensing of drivers (e.g. .

And while they're at it, they must allow procedures for courts and traffic commissioners, just trying to protect the public, to check information coming into court.

Otherwise, what's the point?

The law was designed to protect good drivers. But the way it's written, it's just a full-employment measure for attorneys.

And Dona Bracke deserves a better fate than being fired for exposing a serious defect in a law intended to protect people.
COPYRIGHT 1999 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1999, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Article Details
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Publication:Daily News (Los Angeles, CA)
Article Type:Editorial
Date:Jan 19, 1999
Words:385
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