National Motorists Association Foundation
NMA Foundation Goals
Groundbreaking Research
Most current studies are funded or conducted by those with ties to the safety lobby and government officials who believe that harsher enforcement is the solution to all traffic problems. The NMA Foundation will be a voice of reason.
There is no better way to seek accountability from groups using dubious research claims than by producing our own sound findings.
Our research programs will demonstrate how rational traffic laws based on proven engineering principles can improve the safety of the motoring public. Heavy-handed enforcement methods, such as photo radar or red light cameras, cannot compete with the efficacy of sound engineering.
Invaluable Educational Materials
There is a substantial lack of quality educational materials geared towards motorists. The NMAF will fill this void.
The foundation is already leading the way in providing useful information for all motorists who need to defend themselves against an unjust traffic ticket. The foundation's Legal Defense Kit is the preeminent resource for anyone faced with the prospect of his or her "day in court."
The foundation's educational materials also seek to promote driver-to-driver courtesy and cooperation.
Fighting for All Motorists
For over 20 years the NMA has been advocating for motorists' rights. The National Motorists Association Foundation takes the next step in this fight.
Through litigation we are challenging unfair traffic laws and state limitations on a motorist's right to an adequate defense. We are fighting for you!
A citizen's right to due process, as laid out in the United States Constitution, is under constant threat from governing bodies. Due process guarantees a person's right to a fair trial, an impartial jury, and to testify in one's own defense. Too often, motorists are denied these rights when governments seek to enforce traffic laws.
Many jurisdictions throughout the United States fail to afford motorists the most basic of protections, such as trial by jury or the ability to request discovery (a method to gather information critical to a person's defense).
New Mexico DUI Ordinance
Albuquerque Mayor Martin Chavez, along with Albuquerque's city council, attempted to use the city's "public nuisance" ordinance to justify permanently seizing the car of anyone accused of a DWI.
The proposed law would have allowed the city to seize the car of anyone suspected of a DWI, even first-time offenders. The ordinance didn't require a conviction. The vehicle would have been seized when the suspect was stopped. He or she could then contest the seizure with a city hearing officer or agree to have an immobilizing "boot" placed on the vehicle for 30 days. To get the boot removed, offenders would have had to install an ignition interlock on the vehicle for six months or a year. In "extreme" cases, the city would simply refuse to deal, and sell the vehicle at auction.
The foundation helped to fund a broad legal challenge to the outrageous new law. In August 2005, the city and NMA Foundation allies went to court. The resulting decision by District Court Judge Theresa Baca struck down the ordinance.
In her decision, Baca cited "serious procedural due process problems" with the city's law. Baca said her ruling was on constitutional grounds, and focused primarily on one sentence in the ordinance: "The city hearing officer shall only determine whether the law enforcement officer had probable cause to seize the vehicle." The judge criticized the ordinance for failing to specify what the hearing officer would do to ensure that drivers have fair and timely hearings.
Our rights are too important to leave to chance. Help support cases like this one!
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