Drivers challenge license suspensions for unpaid court debt

Breaking Stories

It can start with a couple of traffic tickets. Unable to pay the tickets right away, a driver becomes saddled with late fees, fines and court costs. Soon, the driver may be taken off the road indefinitely.

More than 40 states allow the suspension of driver’s licenses for people with unpaid criminal or traffic court debt.

But now, advocates across the country are pushing to change that, arguing that such laws are unconstitutional because they unfairly punish poor people and violate due process by not giving drivers notice or an opportunity to show they cannot afford to pay the fees.

Lawsuits have been filed in at least five states over the past two years.

“It’s not that I don’t want to take care of what I owe. I really wish I could,” said Brianna Morgan, a single mother from Petersburg, Virginia, who hasn’t had a license in three years because she owes more than $400 in traffic fines and court costs from traffic violations and a disorderly conduct citation.

“I really don’t have a way to pay it,” said Morgan, who supports herself and her three children on a monthly disability check.

Advocates had a victory this week in Tennessee, where a federal judge ruled that a law that allows the state to revoke the licenses of low-income people with unpaid court debt from past criminal convictions is unconstitutional.

U.S. District Judge Aleta Trauger called the law “powerfully counterproductive” and ordered Tennessee to stop revoking licenses and to reinstate the licenses of people who had theirs revoked due solely to nonpayment of court fees.

“If a person has no resources to pay a debt, he cannot be threatened or cajoled into paying it; he may, however, become able to pay it in the future. But taking his driver’s license away sabotages that prospect,” Trauger wrote in her ruling Monday.

In Virginia, nearly a million people currently have suspended driver’s licenses at least in part because of unpaid court debt, according to the Legal Aid Justice Center, a nonprofit that is challenging the practice in a federal lawsuit. A judge dismissed the case on jurisdictional grounds, but in a ruling in May, the 4th U.S. Circuit Court of Appeals gave the case new life, sending it back to the lower court to allow the plaintiffs to revise the lawsuit.

Millions of drivers nationwide have lost licenses because of such laws. In a study released in September, the justice center estimated that 4.2 million people then had suspended or revoked licenses for unpaid court debt in five states alone: Virginia, Tennessee, Michigan, North Carolina and Texas.

Related listings

  • Police shooting of boy spurs more protests, appeals

    Police shooting of boy spurs more protests, appeals

    Breaking Stories 06/24/2018

    Protesters demonstrated Friday for a third day over the fatal police shooting in Pennsylvania of an unarmed black teen fleeing a traffic stop as they sought to get the attention of a nation engrossed by the immigration debate, and to pressure officia...

  • Court gives Spanish princess' husband 5 days to go to prison

    Court gives Spanish princess' husband 5 days to go to prison

    Breaking Stories 06/11/2018

    Judicial authorities on Wednesday told the brother-in-law of Spain's King Felipe VI that he must report to a prison within five days in order to serve five years and 10 months for fraud and tax evasion, among other crimes.Inaki Urdangarin, a former O...

  • Court: Compliance reached in education funding case

    Court: Compliance reached in education funding case

    Breaking Stories 06/06/2018

    A long-running court case over the adequacy of education funding in Washington state has ended, with the state Supreme Court on Thursday lifting its jurisdiction over the case and dropping daily sanctions after the Legislature funneled billions more ...

Grounds for Divorce in Ohio - Sylkatis Law, LLC

A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party

Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party

However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.