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ACLU Sues State Over Suspended Driver’s Licenses For Not Pay Court Costs
September 19, 2013
The American Civil Liberties Union of Florida has filed a lawsuit challenging a state practice of suspending driver’s licenses of people who fail to pay court costs and fees after criminal convictions.
The ACLU, on behalf of named plaintiff Reginald B. Foster, filed the suit against the state Department of Highway Safety and Motor Vehicles.
It argues that Foster’s constitutional due-process and equal-protection rights have been violated and that the state discriminates against low-income people who can’t afford to pay the costs.
Foster, of Fort Lauderdale, lost his driver’s license after failing to pay $5,450 in five felony cases, the lawsuit says.
“Because the DMV’s suspension and continued suspension of Foster’s driver’s license discriminates against Foster on the basis of economic status, the DMV’s suspension and continued suspension of Foster’s driver’s license violates his equal protection rights secured the by Florida Constitution,” one part of the lawsuit says.
By The News Service of Florida
Comments
16 Responses to “ACLU Sues State Over Suspended Driver’s Licenses For Not Pay Court Costs”
These people may have made mistakes, but they paid their debt to society by being incarcerated (loss of liberty, dignity, etc), in addition to gaining a criminal record, which will haunt them for life. Many are rehabilitated, are released from prison, but are unable to becoming a functioning member of society because they are unable to pay horrendously large fines and court costs; resulting with revoked drivers license. Their debt to society has been paid, in full. Debtors prison was abolished when we escaped the tyrany of King Henry. Shame on those states that impose outlandish fees and fines and then legislate punishment for those unable to comply. You make our Founding Fathers sigh with disbelief. Shame. Shame. Shame.
I got the same problem I need help on what to do fail to pay
Ct financial obligation
They just don’t want convicted criminals to suffer for convictions for crimes against others.
The ACLU is always trouble…….they want everything for free….bums
Yep, it’s shameful regarding reduced employment opportunities for convicted felons. I wonder why employers would prefer honest workers over known criminals to entrust with their businesses and futures.
But at least it gives them another excuse to prey on the rest of us, as if they needed it.
David for understanding
The negative incentive of the responsibility of repayment of court costs is necessary. …realistically, however, it does remain a huge hurdle in the majority of cases, in obtaining employment without a valid drivers license.. Look at our struggling unemployment rate for regular citizens…released ex felons opportunities for employment are slim as it is.. Seems to me that a compromise would be in order… A temporary, contingent RESTRICTED license could be issue while a strict repayment plan is instituted. By restricted I mean to and from work only..when the repayment is fulfilled they get their full privileges restored.. Why not?
There are consequences, and this is one of them! If the government keeps catering to the wrong doers, they will never straighten up! As it was stated: walk, peddle, ride the bus.
REGARDING:
“it doesn’t make sense for the state to take their driving privileges because of a debt when the only chance for that person to make money to pay off their court cost and fines is if they can drive to make money.”
You’re assuming the only way to earn money is to drive somewhere else.
That’s the most convenient way, but not the only way. There’s still walking, bicycling, hitch-hiking, buses, taxis, work at home, move to location.
If we agree with the American Civil Liberties Union, we must come to the conclusion that fines are unconstitutional or at least requiring folks to pay them, so they must all go to jail.
Could be, but it would be funny if the natural result of their action resulted in loss of Civil Liberty for more Americans.
David for avoiding bad situations in the first place
@Henry Coe — There are other modes of transportation available to those that are needing to work to pay restitution for whatever crime/ticket they have committed/gotten. Bus, bicycle, carpool etc. Driving is a priviledge and if you break the law, get too many tickets or don’t pay child support they will take away that priviledge. Reminds me of when you were a child and got in trouble…..mom took away your toys or priviledges to see friends and such. Take responsibility for your actions whatever they may be and pay your fees. Set up a payment plan with the court if you have to. It CAN be done. They figure if you have the money to have a vehicle and drive around and pay for gas and such, then you should have the money to pay your fines/fees.
the crum is a 5 time felon, he doesnt need a drivers license, he needs a prison cell
To be issued a Drivers License is a privilege, it isn’t a right.
This case should be interesting. While driving in Florida is a privileged and not a Right per se, they question is does the state have the right to take away driving privileges because of a debt owned to the state?
Commonsense would suggest that not allowing someone to drive inhibits their ability to make money that they could use to pay off the debt.
If the state is allowed to do this, where does it end? If you are late with paying your property taxes, does the state have the right to take away your driving privileges?
This is about the state collecting money it is owned, not about the crime or how that debt was created.
Unless someone committed a crime using their vehicle or they have habitual driving offenses, it doesn’t seem like the state should be able to revoke driving privileges.
It also seems counter productive toward collecting the debt if someone can’t drive to get to their job or to make a living.
I know of someone with a debt to the courts and an action to affect their driving privileges. While I think this person should suffer in every way possible and I would like to see their remaining years of life be as miserable as possible because IMO they have earned that for the damaged they have created to the lives of others, it doesn’t make sense for the state to take their driving privileges because of a debt when the only chance for that person to make money to pay off their court cost and fines is if they can drive to make money.
Good job ACLU. His argument is valid and should be considered first, before we attempt to discredit him based solely on his criminal record.. Which subsequently he has already paid for with his time. Why would we want to put barriers in front of someone who was just released back into the productive members of society? Shouldn’t we try to as a community or a county,( or a country even, ) try to remove some potential barriers for some who are struggling? That is what Jesus would do…
JR, The ACLU has no far Left agenda unless you consider personal Liberty and Freedom being protected via the Constitution only to be a far left agenda. Hopefully the Right, far Right and Center care about our Constitution and personal Liberty as well.
The ACLU is part of our system of checks and balances and is very needed. Unfortunately Far Right Fundamentalist Conservatives have smeared and misrepresented the ACLU over race/religious issues going back for decades and descendants for those Christian Fundamentalist remain ignorant in regard to what the ACLU actually does, to include protecting the personal and religious freedoms of American Christians.
They don’t have an agenda other than protecting individual Liberties and that is important.
That being said, the ACLU doesn’t decide anything. If they think a law should be challenged, that it is not Constitutional, they present their case before a judge and the judge decides if the laws are being used or interpreted properly so that they are not abused and individual Liberties are protected. That is the ACLU only goal and/or agenda.
Baloney!!! who caused him to commit the crimes to begin with.
i am poor. you owe me. get a what???!!!!!!! a job!!!! no way.
ACLU always has and always will be comprised of unintelligible and irrational persons! The organization tries to stand behind the clause of “protecting the Bill of Rights”, which is just fog and mirrors for their far left agenda. The DL is revoked because a convicted felon will not pay due fines/restitutions. It has nothing to do with economic status or amount of income. If the ACLU were to win this lawsuit then multi-millionaires would equally not be required to pay fees/fines/etc from lawful convictions. The ACLU is simply using this particular convicted felon because the public would be outraged if the “victim” was a corporate executive in a suit and tie.