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Mimi Coffey wants to scrap Texas' Driver Responsibility Program.
If she doesn't accomplish the task first, the Texas Legislature appears poised to do so.
The Fort Worth defense attorney has filed a federal lawsuit asserting that the surcharges assessed through the program are unconstitutional under the Fifth Amendment.
The act, established in 2003, violates the double-jeopardy clause in the U.S. Constitution that prohibits the government from imposing more than one punishment for a single offense, Coffey said.
"You can't deprive property without due process," Coffey said. "I think it's time somebody do something about this."
"We have seen nothing that shows the program helps deter drunken driving," said Bill Lewis, a MADD public policy liaison, who testified before the Senate Transportation and Homeland Security Committee in October. He thinks this is so because the public seems to be unaware of it.