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IND. BUREAU OF MOTOR VEHICLES v. ZIMMERMAN

No. 1183S423.

476 N.E.2d 114 (1985)

INDIANA BUREAU OF MOTOR VEHICLES, Michael M. Packard, in His Capacity As Commissioner of the Bureau of Motor Vehicles, Jack N. Worland, in His Capacity As Director of the Defensive Driving Department, Appellants, v. Thomas L. ZIMMERMAN, Appellee.

Supreme Court of Indiana.

April 3, 1985.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Arthur M. Small, Deputy Atty. Gen., Indianapolis, for appellants.

Stephen M. Maish, Patrick A. Mysliwy, Maish & Mysliwy, Merrillville, for appellee.

PIVARNIK, Justice.

This cause comes directly to this Court since 1981 Ind. Acts 108, § 23, codified at Ind. Code § 9-4-7-10 (Burns Supp. 1984) [superceding Ind. Code § 9-4-7-10 (Burns 1980)] was found by the trial court to be unconstitutional in its provisions and in its application to Plaintiff-Appellee Thomas Zimmerman. The statute became effective on the first day of September, 1981, and provides as follows:

"(a) If during any twelve [12...

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