'USE IT, LOSE IT' LAW FLAWED

I am responding to the May 7 letter by Toni Swearingen. I am the
president of Good Legislation Assures Democracy. GLAD in no way condones
the use
of alcohol or illegal drugs by our young people. We do support the
notion that a young person convicted in a court of law of operating a
motor vehicle under the influence of alcohol or drugs should have his
or her license revoked.

Under the "use it, lose it" law, the DMV has been given by the
Legislature the power to override a judge's decision by administratively
revoking
the licenses of accused people younger than 21 who have been found not
guilty or have had their cases dismissed in court. This -- along with
the facts that the DMV hearings do not provide these young people with
an avenue to enter all evidence useful in their defense and that they
have no right to a public defender -- is what is wrong with "use it,
lose it."

In this country we are innocent unless proven guilty. "Use it, lose
it" is unconstitutional because you are guilty from the moment you are cited
by the officer and don't have the ability to properly defend yourself.
Further, the appellate courts in Alaska have found "use it, lose it"
to be unconstitutional.

Please help us right this wrong. Call your senator and ask him or her
to remove the DMV power from SB 151 and return the authority to our
courts.

Kevin Hyde, president
Good Legislation Assures Democracy
Soldotna