Being poor can’t cost you your license in Tennessee
Millions of Americans have had th e ir driver’s licenses taken away not because they got d runk and got behind the wheel, or because they caused an accident and hurt someone: They lost their licenses because they were too poor to pay court costs or traffic fines, which can run into hundreds and sometimes thousands of dollars.
About 40 states have such laws on the books that suspend or revoke licenses of drivers. But now, a federal district judge has ruled that one of these laws, in Tennessee, violates the due process and equal protection clauses of the 14th Amendment to the Constitution.
Experts say it is the first time a federal judge has formally declared any of these state laws unconstitutional. Critics have long argued that the laws make it harder for poor people to pay their debts, because the only way for them to do so — to get in the car and go to work — means breaking the law. And if they do drive, it means even more fees piled on if they get caught.
The ruling does not affect states other than Tennessee. But it still is a major victory for advocates of the poor who have targeted license revocation laws as some of the worst examples of stat- utes that effectively criminalize poverty, where fees and fines and bail money for even minor infractions can sweep people into a vor- tex of mounting debts out of which many will never climb.
The ruling in Tennessee could mean the reinstatement of driver’s licenses for more than 100,000 Tennessee residents. A simi- lar lawsuit is also pending before the same judge over unpaid traffic fines that have cost about a quarter-million Tennesseans their licenses. The precise number of residents who would get their licenses back is unclear because some also lost driv- ing privileges for other reasons and would still be subject to revocation.
In a ruling issued on Monday, Judge Aleta Trauger of Nashville cited the Tennessee law’s failure to provide an exception for people who were too poor to pay off court debts, even if they wanted to.