Court: TN law revoking driver’s licenses unconstitutional

It’s unconstitutional for the state of Tennessee to continue revoking driver’s licenses from people who can’t pay court costs, a federal judge determined Monday.

The ruling from U.S. District Judge Aleta Trauger will have broad national and state ramifications, said Claudia Wilner, a senior attorney with the National Center for Law and Economic Justice in New York City who worked on the case.

Calling Trauger’s ruling a “tour de force,” Wilner said the order means more than 100,000 people in Tennessee can start the process today of regaining their driver’s license.

“Practically speaking, this is going to be a huge benefit to the low-income people of Tennessee who are going to be able to drive to work, take their kids to school, go to the grocery store, visit the doctor, without fear of being arrested and prosecuted for driving without a license,” Wilner said in an interview Tuesday.

“Many, many people who have been unable to find work are going to be free to go back to work again.”

Court fees fuel the criminal justice system but are a significant burden for many people. Someone accused of petty crimes may still face thousands of dollars of court costs; as that person fails to pay, the costs increase.

In Tennessee, a failure to pay means the state can revoke your driver’s license. In her ruling, Trauger said the law is “not merely ineffective; it is powerfully counterproductive.

“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.

An analysis cited in the judge’s order shows from July 1, 2012 to June 1, 2016, the Tennessee Department of Safety and Homeland Security revoked 146,211 driver’s licenses for failure to pay fines, costs or other fees.

Only 10,750 of those people had their licenses reinstated, according to the analysis.

Nathan Scruggs is one of them. His license was revoked in 2013; Scruggs spent a little more than 11 months in jail in relation to Class A misdemeanor charges and had court costs to pay.

Scruggs, now 33, remembers how he felt at the time when considering how he would pay a $25 monthly fee.

“That’s a small fee, but the only thing is, when you’re just getting out of jail, even a dollar is a lot to not getting back on your feet. It’s completely overwhelming,” Scruggs said.

Before long, Scruggs said he started driving without a license. It was scary, but he didn’t see any other way he could make ends meet.

“Every day of that continual stress, it adds up after a while. It’s a big backpack to carry,” Scruggs said.

He’s had his license for several years now, but reinstatement came only with the help of an advocacy organization and months of regular court payments. Court records show he paid roughly $800.

Ruling may set national precedent

In January 2017, two men sued the state over the law. The lawsuit was granted class action status in March.

The law, instituted in 2012, has done nothing to help people, said Josh Spickler, a Memphis attorney who also worked on this case.

“As a public policy, it has served to do nothing but to drive people further into poverty,” Spickler said.

Trauger’s ruling orders the department to stop revoking the licenses and to reinstate the license of any individual who had theirs revoked due solely to non-payment of fees. The department must present a plan to the court within 60 days for how it plans to reinstate all of the licenses revoked under this law.

A spokeswoman for the department referred comment to the Tennessee attorney general.

“We are disappointed with the trial court’s decision and are considering all of our legal options,” said Kelly K. Smith, a senior adviser in the office of the attorney general.

But Shelby County District Attorney General Amy Weirich praised the decision.

“This ruling will give relief to those drivers whose licenses are revoked only because they lack the financial resources to pay their fines and court costs,” Weirich said. “Our hope is that this will be a positive step toward rehabilitation since offenders getting their driving privileges restored will make employment more feasible. Also, it will reduce our daily caseload and allow us to focus even more on violent crimes and property crimes.”

Reach Dave Boucher at 615-259-8892.