Earlier this week, a federal lawsuit was filed against the Commissioner of North Carolina's Division of Motor Vehicles, Torre Jessup, after two South Carolina residents claimed that the state's “practice of revoking drivers’ licenses of people who can’t pay their traffic fines and court costs is unconstitutional because it violates the rights to due process and equal protection under the 14th amendment.” The lawsuit itself was filed by the American Civil Liberties Union, the Southern Poverty Law Center, and the Southern Coalition for Social Justice on behalf of Seti Johnson and Sharee Smoot.According to the lawsuit, Johnson “faces revocation of his North Carolina’s driver’s license...because he can't pay $228 in traffic fines.” If he loses his license, he's worried he won't be able to drive to a job he plans on getting soon. Smoot is currently facing $648 in traffic fines and fees. Together the two believe their situations are unfair and want something to change. In fact, the motion for a preliminary injunction states, “This revocation scheme disproportionately punishes impoverished residents in violation of federal law, taking away crucial means of self-sufficiency and further pushing them into poverty.”As the law is currently written in North Carolina, “automatic revocation of licenses for nonpayment of a traffic ticket 40 days after a court judgment” is required. However, the law fails to make sure drivers can actually pay those fines and court costs, which is a big reason why the American Civil Liberties Union, the Southern Poverty Law Center, and the Southern Coalition for Social Justice all decided to file the lawsuit.

Parking Meter; image courtesy of MabelAmber via Pixabay, www.pixabay.com

In the lawsuit, Johnson and Smoot both detail out a “cycle of fines and attempts to catch up on their debts as they try to hold on to their jobs and support their families.” Last year alone, John claims he paid upwards of $700 on fines, late fees, and court costs alone. While his driver's license was eventually reinstated, “he fell behind on rent payments and had to move in with his mother.” Before he managed to pay off the $700, he mentions in the lawsuit what life was like beforehand.For starters, before he paid the $700, “he was issued another ticket for not paying” and was even convicted in April of a lesser crime, “failure to notify the Division of Motor Vehicles of an address change.” That resulted in a “$100 fine and $208 worth of court costs.” On that day he paid $100, but because he couldn't pay the total $308 up front, he was charged another $20 for “installment plan and set-up fee even though the bill says the entire amount is due within 40 days.” When expressing his frustrations with his situation, he said:“I value taking care of my responsibilities. But that is hard to do when I am required to pay hundreds of dollars in fines and court costs and my driver’s license is revoked when I do not have the money to pay. ... No one should have to live with the burden of their license revoked because they cannot pay off their traffic tickets.”Smoot shared Johnson's frustrations and mentions in the lawsuit that she was “sentenced to pay $308 for driving while her license was revoked in 2016.” She was later charged a $50 late fee after failing to pay the $308 within 40 days. As a result of the expensive fees, “she and her 9-year-old daughter moved in with her grandmother in 2017 to save money.” Unfortunately, shortly afterward she was “issued another ticket for driving while her license was revoked and ordered to pay $235,” which later bumped up to $285 after being charged another late fee. Eventually, “an order for her arrest was issued for not paying the fines, and she was charged a $5 arrest fee.” Throughout it all, her “car was repossessed, and she lost her job” because she no longer had transportation. She said:“I have been forced to make the difficult choice of staying home, losing my job and not being able to take care of necessities for me, my daughter, and my grandmother, whose I also pay, or continuing to drive illegally and risk more punishment.”At the moment, North Carolina's Transportation Department is reviewing the lawsuit.

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Lawsuit: The Poor Shouldn't Lose Licenses Over Traffic FinesACLU: Poor people shouldn't lose driver's license over unpaid fines