This legislation requires Tennessee courts to conduct an ability to pay hearing before suspending a driver’s license for failure to pay fines and fees.
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.
Kevin lives in a rural town in Alabama and is disabled. He relies on his monthly disability check to support him and his partner. He could not afford car insurance, but he continued to drive since there are no other viable options for transportation where he lives. After he was ticketed for lack of insurance, his license was suspended and his fine only compounded the thousands of dollars in court debt he already owed.
This case challenges the constitutionality of a Virginia statute that requires the automatic suspension of the driver’s licenses of people who fail to pay court fines and fees.
Graciela 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.
In New Jersey, driver’s licenses were automatically suspended when bench warrants were issued to non-custodial parents for nonpayment of child support.
Wisconsin’s use of legal financial obligations (LFOs) as a revenue mechanism is a long-established practice. The state enacted its first surcharge in 1977, and the number has grown significantly since. …