Petitioner used life insurance proceeds to purchase a Land Rover for $41,558.30. He used the vehicle to transport heroin worth a total of $385. He was arrested and his vehicle was seized. Petitioner argued that the forfeiture was excessive in violation of the Eight Amendment’s excessive fines clause.
The bill provides that driver’s licenses may not be suspended for failure to pay fines and fees unless the person has the ability to pay but refuses to do so. It also provides that courts must provide alternatives to immediate payment of fines and fees for people who are indigent, such as payment plans and community service.
Plaintiffs argue that their Equal protection and Due process rights were violated because of the inadequate notices, lack of inquiry into their ability to pay, and the suspension of their licenses solely because of their inability to pay.
Khalid Salahuddin never received notice of fines and fees that led to his driver's license being suspended. He lost a job offer because he had no license.
Graciela Rodriguez is a 76-year-old caregiver who takes three different buses for five hours to get to work each day. She receives Supplemental Security Income. Her license was suspended because of unpaid Driver’s Responsibility Program (DRP) surcharges.
This report examines the current status of mandatory surcharges in New York, describes the impact of the surcharges on indigent defendants, and proposes legislative changes, including the elimination of the surcharges.
This class action alleges that Alabama’s driver’s license suspension practices violate equal protection and due process because people are being punished without any determination of their ability to pay.
This policy brief explains some of the justifications for Florida’s practice of suspending driver’s licenses and explores the consequences of that practice—driver’s license suspension disproportionately burdens low-income individuals and has …
In Chicago, Alderman Gilbert Villegas has introduced legislation that would reduce the burden of traffic fines and fees for low-income Chicago residents by providing alternatives to fines and fees and improving access to payment plans.
After experimenting with this policy for about two months, Shelby County District Attorney Amy Weirich has permanently adopted a policy of declining to prosecute driving on a suspended license in cases where the license was suspended or revoked for nonpayment of fines and fees.