The Commercial Appeal

Judge: TN can’t revoke driver licenses for unpaid traffic fines

- Adam Tamburin Nashville Tennessean USA TODAY NETWORK - TENNESSEE

Tennessee can no longer revoke people’s driver licenses because they cannot afford to pay traffic tickets, a federal judge said Tuesday in a landmark ruling that could affect as many as 291,000 people.

The new order, issued by U.S. District Judge Aleta Trauger, comes in a September 2017 class-action suit challengin­g a state law that allowed officials to revoke someone’s license if they didn’t pay a fine for a traffic violation.

Trauger granted the plaintiff’s motion for a preliminar­y injunction that stops the state from doing so while the suit is pending. Her order also opened the door for hundreds of thousands of Tennessean­s to get their licenses back if they cannot pay outstandin­g traffic fines.

The new ruling built on a July order from Trauger in a separate case that barred the state from revoking licenses based on unpaid court costs.

“It’s sort of the next logical step,” said Josh Spickler, a Memphis attorney with Just City who was part of both suits. “To me and to the hundreds of thousands of people in Tennessee who’ve had their licenses suspended for this reason, it’s just as big if not bigger.

“It’s like an exclamatio­n point on the previous order.”

The ruling could have national implicatio­ns, said Claudia Wilner, a senior attorney with the National Center for Law and Economic Justice in New York City who worked on the case. Dozens of other states have similar laws, and this ruling could influence other challenges that are pending.

But the impact for Tennessean­s who can now get their licenses back could truly be life-changing, she said.

“Hundreds of thousands of indigent Tennessean­s now have the opportunit­y to reinstate their driver’s licenses — and more importantl­y their ability to access jobs, medical care, and the countless important needs of daily life,” Wilner said in a statement.

Traffic fines, like court fees, can prove to be an insurmount­able barrier for poor Tennessean­s who struggle to cobble together basic living expenses. If they can’t drive, the plaintiffs argued, it makes it even less likely that they can work and earn the money to pay down the fees.

In an opinion explaining her order, Trauger sided with the plaintiffs who challenged the state, saying “the lack of an indigence exception has resulted in numerous poor Tennessean­s with suspension­s that they cannot overcome.”

The result, she said, was that poor people suffer “both constituti­onal and material injuries” that “are, or are likely to be, irreparabl­e.”

Trauger found that suspension­s did nothing to ensure people paid their debt.

Her order bars future suspension­s if someone shows they are unable to pay traffic fines. People who already had their license suspended because of their failure to pay must ask the state to have their license reinstated.

The Tennessee Department of Safety and Homeland Security said it would stop revoking licenses “as the court requires.”

The statement said department officials would “promptly review the balance of the order to determine the appropriat­e next steps.”

In a statement Wednesday afternoon, a spokeswoma­n for the Tennessee attorney general’s office said they were reviewing the traffic fine ruling “to determine the appropriat­e next steps.”

The state is appealing Trauger’s July order regarding people who with unpaid court fees, although the Department of Safety is reinstatin­g licenses in those cases.

 ??  ?? Steering Clear Program Case Manager Joshilyn Baker works with Jonathan Ramos through the process of clearing a citation to get his drivers license back on Sept. 4. LACY ATKINS / THE TENNESSEAN
Steering Clear Program Case Manager Joshilyn Baker works with Jonathan Ramos through the process of clearing a citation to get his drivers license back on Sept. 4. LACY ATKINS / THE TENNESSEAN

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