12/16/2006

News / DMV back in business

Naves' signature orders brief hold on 2-document debate
The state's embattled Division of Motor Vehicles resumed processing new driver's licenses and state IDs Friday afternoon after turning people away for most of the day.

The doors were opened to people seeking new licenses - not just renewals - when Denver Chief District Judge Larry Naves signed a preliminary injunction ordering the DMV to abandon its so-called two-document rule.

Plaintiffs in a class-action lawsuit filed in November on behalf of the state's poor against Michael Cooke, executive director of the Department of Revenue, and the DMV have argued that the rule is arbitrary.

They also complained that the rule ballooned into a six- or seven-document rule in many cases.

"We think it'll be a step in the right direction for the DMV to begin to comply with the Colorado statutes, rather than their arbitrary and invalid rules," said plaintiffs' attorney Tim Macdonald.

The injunction means it should soon be easier to get a driver's license or ID card - but not until Wednesday.

The DMV had requested a stay of the judge's order, pending an appeal. The judge agreed to a short stay of 2 1/2 days, meaning that the current rules still apply through Tuesday.

The judge also gave the division 30 days to comply with a new rule requiring written documentation of each person whose request for a license or ID card is denied.

"We are pleased we have some time to put that piece into play," Cooke said. "That won't be easy to do."

Cooke said staff will meet with their attorneys on Monday and decide whether to appeal.

"Our goal is to ensure we comply with the court order," she said. "We also have a statutory responsibility to prove lawful presence, age and identity, and we need to find a way to merge the two."

Dan Hopkins, a spokesman for Gov. Bill Owens, declined to comment on the injunction or stay.

"It's far from being settled," he said.

As soon as the judge signed the order Friday afternoon, people were once again able to get driver's licenses with proper documentation.

At 4 p.m., a DMV employee yelled, "Back to business!" at the DMV office at 1865 W. Mississippi Ave.

But it was too late for 43-year- old German native Dieter Orlowski, who showed up earlier at a DMV office in Aurora to get his license. He passed his Colorado driving test Thursday.

A female DMV employee posted near the front door swiftly turned him away.

"What am I going to do if I get stopped?" Orlowski asked.

Statewide, the DMV processes 750 requests for new licenses daily.

Department of Revenue spokeswoman Diane Reimer said that, overall, the day was "relatively quiet."

"People have been very patient," she said. "No one's throwing rocks."

The beefed-up ID requirements were an attempt to cut down on identify theft - people presenting false documentation to get a Colorado ID card or license, Cooke said. DMV officials now worry the door could open to more fraud.

But that's not how Macdonald sees it.

"We think that is simply fear- mongering," Macdonald said. "They have a vast array of tools to combat identify theft and identity fraud - facial recognition, biometric analysis, fingerprint checks, immigration-status checks."

The so-called two-document rule asks for one form of ID to show proof of age and lawful presence and another to prove a person's full name.

Other changes compounded matters.

In September, the DMV ceased accepting U.S. passports as a valid form of ID, unless they were accompanied by a state- or county-issued birth certificate or naturalization papers bearing exactly the same name.

That's because citizens can select to use nicknames or aliases on their passports, Cooke said.

And, in 2003, the DMV began requesting additional documentation from people with driver's licenses from Puerto Rico or birth certificates from Texas after those the two reported widespread fraud.

Naves said the rules had been put into place without public testimony, even though Cooke has said she has the authority to make changes to identification "guidelines."

Naves also said that the DMV's arbitrary rules caused "immediate and irreparable harm" because residents without IDs or licenses can't get basic services, such as housing, car insurance and banking.

It's not hard to find recent DMV horror stories.

Cathy R. Dudley, 44, of Littleton, said she recently moved to Colorado from Texas for the second time and tried to get a license.

"When I moved here in 1996, I was able to obtain a Colorado driver's license with no problems," she said.

"My recollection is that I simply presented my valid Texas license."

This time, she was turned down when she presented a birth certificate issued by the state of Texas and a valid Texas driver's license.

She was told to get a passport, marriage certificate or divorce decree, none of which she had. Or she could try to persuade a DMV supervisor to OK the license. She's on track to do the latter.

Bobbie Ulibarri, 35, lost her driver's license and went to the DMV on Friday to get another one. She brought her birth certificate and marriage license.

"Having to show two IDs makes it harder," Ulibarri said. "I do think just having a passport should be OK."

Colorado driver's license information

??? I moved here last month from Illinois. What doI need to get a Colorado driver's license and howlong will it take?

It depends on what documents you have. It depends if the Illinois license is valid and whether you have a certified birth certificate.You should get it within 10 days.

??? I want to fly on an airplane. What can I use as valid ID?

In some cases they will accept something (other than a driver's license). Check with the airline. If you're in the throes of getting a driver's license and have a current license and have a holepunched in it, they will accept that for the most part.

??? I have lost the Colorado driver's license I was issued two years ago. How long will it take me to get a new one?

If you had a valid license and you are in the system, it should be within a week to 10 days.

SOURCE: Diane Reimer, spokeswoman, Department of Revenue
By Julie Poppen, Rocky Mountain News

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