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Home > Journals > University of Michigan Journal of Law Reform > JLR > Volume 54 > Issue 4 (2021)

 

Abstract

Nearly eleven million people in the United States have a suspended driver’s license for unpaid fines and fees. Laws that suspend, revoke, or prevent renewal of driver’s licenses and/or restrict driving privileges (i.e., registration holds and non-renewals) for nonpayment of traffic- and court-related debt criminalize poverty and disproportionately impact those with a lower economic status. These unproductive and harmful debt-based restrictions not only fail to increase collections of fines and fees, but also divert important public resources for law enforcement and courts away from public safety. The primary way in which these restrictions manifest themselves is through driver’s license suspensions, which are the focus of this article. However, several states also hold or suspend registrations or other required compliance documents, creating the same types of complications that result from a suspended license. The racial disparities of debt-based driver’s license suspensions are even more troubling, as individuals of color are more likely to experience poverty and to be stopped by law enforcement, as well as ticketed, arrested, charged, and convicted for traffic violations. To date, twenty-two states and Washington, D.C. have passed reforms that curb or eliminate the use of driver’s license suspensions and driving privilege restrictions for unpaid fines and fees. While most states continue to suspend, revoke, or prohibit license and/or vehicle compliance renewals for those with unpaid court debt, a growing movement for reform has taken hold. This Article will discuss the imperative for stopping debt-based restrictions and examine the rationales and impacts of two pathways to reform: litigation and legislation. This Article will lay out specific factors that jurisdictions should consider in their reform approach. Careful evaluation of these factors will ensure the greatest benefit while posing the least harm to those most impacted by these policies.

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