About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

13 Kan. J.L. & Pub. Pol'y 557 (2003-2004)
Are the Roads a Safer Place because Drug Offenders Aren't on Them: An Analysis of Punishing Drug Offenders with License Suspensions

handle is hein.journals/kjpp13 and id is 639 raw text is: ARE THE ROADS A SAFER PLACE BECAUSE DRUG OFFENDERS AREN'T ON THEM?: AN ANALYSIS OF PUNISHING DRUG OFFENDERS WITH LICENSE SUSPENSIONS Aaron J. Marcus* I. INTRODUCTION In 1996, Walter Bell was a nineteen-year-old college student. Bell was not driving, but an officer asked to search his vehicle and discovered a small amount of marijuana under one of the seats.' A court found that Bell was in constructive possession of marijuana and fined him $250.2 There was no indication Bell was engaged in the sale or delivery of the substance nor was there any evidence Bell was even driving.3 In addition to the fine and court costs, Iowa law provided that upon conviction of any specified controlled substance crime the court shall direct the state Department of Transportation to revoke the individual's driver's license for a period of 180 days.4 Bell appealed the license revocation claiming the law violated the Due Process and Equal Protection Clauses of the both the Iowa and federal constitutions.5 Bell's arguments failed to convince the Iowa Supreme Court that the Legislature had overstepped its bounds in enacting the law.6 Courts across the country have almost unanimously shared Iowa's sentiment.7 Suspensions have been upheld for non-vehicular related distribution offenses8 to minor possession of marijuana.9 Nearly twenty states have enacted some form of this legislation since 1990, now commonly known as use and lose laws.'10 Many more revoke or suspend the licenses of juvenile controlled substance offenders. It is theorized that adding license suspensions to the already mass array of consequences associated with narcotics offenses will have the dual effect of increasing highway safety and deterring drug offenses.12 Limited research has failed to show that either intended purpose has turned into actual achievement. Instead, the laws seem premised on a traditional war on drugs mentality, which appeals to voters' significant disdain for narcotics with a zero- tolerance, highly punitive, and tough-love approach.'3 Narcotics penalties are already incredibly harsh, but the collateral consequences associated with driver's license suspensions may significantly increase the sanction beyond the mere loss of the privilege to drive.14 The ability to drive can especially impact current employment, family life, and access to new or better jobs. In addition, there is a great concern regarding the disproportionate detriment the laws have on poor and minority 557

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most