The state Department of Motor Vehicles recently announced new regulations increasing the penalties faced by so-called dangerous drivers, especially those with alcohol- or drug-related driving convictions.
The issue is not whether these are good ideas but that a state agency can essentially bypass our elected representatives and dramatically change our law under the guise of "regulation."
While many would support the imposition of harsher penalties on repeat drunken drivers ("'Lifetime look-back' for problem drivers," Sept. 26), this is a classic case of the ends not justifying the means. If this is allowed to stand, government will no longer be accountable to our people. Unelected commissioners will be able to arbitrarily change our laws by calling the action "regulation."
Here, the Department of Motor Vehicles will hold up applications for relicensure of motorists who have served their statutory revocation periods. These are people who entered into guilty pleas with the understanding they would be able to regain their licenses in accordance with the revocation periods in effect when they pled guilty. In an arbitrary exercise of power, the Department of Motor Vehicles is now retroactively applying these new regulations to these motorists.
Our Constitution does not allow laws to be applied retroactively.
The determination of penalties for crimes is first and foremost a legislative function to be determined by elected representatives. Regardless of how anyone feels about the merit of these regulations, this action violates the separation of powers and threatens our right to control our government. We elected our legislators, and they are accountable to us for the laws that they enact. We neither voted for nor had any say in the appointment of the motor vehicles commissioner.
Changing the laws enacted by our elected legislators and calling it "regulation" threatens the rights of each and every one of us and undermines our democracy.
The ends do not justify the means, and appointed commissioners must not be allowed to change our laws by calling them regulations.
PETER GERSTENZANG
Albany
