Hank Investigates: Law and Disorder: Mistaken Motorist Mess

Mike Jones, Ken Brown, David Johnson -- all law abiding drivers. They stop at red lights, don't turn when the sign says not to, they go the speed limit.

Jones, Brown and Johnson have something else in common, they each got a letter from the Mass registry saying their drivers licenses were suspended or revoked in other states for serious violations and they all were baffled.

Hank Phillippi Ryan, Investigative Reporter
"Is this you?"

Ken Brown
"That is not me."

What's more, the letters warned that as a result of their lawbreaking, their Massachusetts licenses were going to be revoked.

Hank Phillippi Ryan
"This says you are revoked in Mississippi, this says you are revoked in Arkansas, this says you are revoked in North Carolina this says you are revoked in Louisiana, Is this you?"

Mike Jones
"No, I've never lived in any of those states."

In fact -- not one of these men is guilty of what the letters charged. So, why was the registry going after the wrong guys?

Their names popped up in a database of problem drivers called the National Driver Register. Every registry checks the computerized NDR to prevent people with a revoked license in one state from getting a new one in another.

But our investigation found sometimes the NDR nabs innocent people, especially those with common names like Jones Brown and Johnson.

David Johnson
"I was very horrified, I didn't sleep at night."

With all the numbers and identifiers available, you'd think common names wouldn't confuse a computer and you'd think a system would be able to differentiate between say the bad Ken Brown in Pennsylvania and the good Ken Brown in Massachusetts.

But we found the NDR compares only the drivers name and date of birth.

Hank Phillippi Ryan
"But it’s not always the right person."

Jay Maxwell, American Association of Motor Vehicle Administrators
"No, and as a matter of fact that happens regularly, unfortunately."

The American Association of Motor Vehicle Administrators in Washington works on the nation-wide hookup. President Jay Maxwell admits it’s not so unlikely that people with common names share a birthday.

Hank Phillippi Ryan
"As a result, the innocent get blamed for what the guilty do?"

Jay Maxwell
"That's right."

Massachusetts Registry officials refused to go on camera to discuss why they're threatening the wrong people, they say they're not in charge of the national database.

But the registry's letter, with no option in case of an identity error, offers only one solution -- the men have to get proof from every place listed that their licenses have been reinstated.

Mike Jones
"I think it’s crazy, I really do."

Problem was that none of these men could prove anything about those offenses, because they weren't theirs.

David Johnson
"How am I going to resolve this, where do I begin?"

After a red tape nightmare of long distance calls and interstate faxes, each man now carries an official identification letter to prove who they aren't!

Ken Brown
"In the computer I’m a bad guy and I’m not a bad guy."

And remember, these are the wrong guys! Experts know that the bad Ken Brown and the bad David Johnson and the bad Mike Jones and all the rest may still be out there and sharing the highway with you.

Jay Maxwell
"You know there are situations where we should be keeping folks off the road and we can't."

The problem is so pervasive, officials are now asking for federal money to close the loopholes in the program and in fact, we've learned Massachusetts will participate in a test system that uses drivers pictures. There is no word on when that may begin.