License suspensions for minor traffic tickets could be slowed
A state Senate bill from Seattle's Adam Kline could allow some lower-income people to escape the job-destroying consequences of failing to pay minor tickets. But they could face collection agencies.
Pay for “not clicking it” or pay the electric bill? For many, the dilemma seems easily avoidable or minor, but for some a ticket for not wearing your seatbelt can wait.
A bill to reduce fear among low-income people about the harsh effects of failure to pay a minor traffic infraction is advancing in the state Legislature and is awaiting a Senate Rules Committee vote to move on to floor action.
Prime sponsor, Sen. Adam Kline, D-Seattle, has been working with state agencies to come up with a plan that would limit some license suspensions by instead sending ticket fines to collection agencies.
Current law allows the Department of Licensing to suspend driving privileges for those who don’t pay traffic infractions, fail to request a hearing, don’t show up for court, or fail to comply with the terms of a “moving violation” infraction.
This piece of proposed law would require the licensing department to define exactly what offenses fall under moving and non-moving violations categories. The Washington State Patrol, the Office of Public Defense and the Administrative Office of the Courts would also be included in this definition process.
Kline’s bill, substitute Senate bill 6284, would separate third-degree offenses into two categories: infractions on driving performance, such as speeding, reckless driving and driving under the influence of drugs or alcohol; and all other violations — deemed “non-moving” infractions. These violations could include a broken taillight, a parking ticket, and a failure to use a seatbelt.
“Why should we take people's licenses and put them in jail for not paying because they don’t have any money?” Kline asked. “Don’t get me wrong, they still have to pay it, we’re just not putting them in jail because of it.”
Many low-income citizens in Kline’s district, he noted, can’t afford to pay a $120 to $140 fine and, as a result, get their licenses suspended. Those people who drive with suspended licenses then can be charged with misdemeanors or face the possibility of arrest.
Arrest is only one negative effect of a license suspension. For some, such as Raymond Brown, resident of Renton, job loss may be inevitable.
Brown received a seatbelt ticket for riding as a passenger in a ’71 Cutlass, which did not have seatbelts, and didn't pay it. Nor did he request a hearing because he had no way to get back to Wenatchee, the location of the issued ticket. As a result, he lost his license.
Brown said that, at the time, he worked at Western Trailer Repair as a delivery driver and once his company found out, he lost about a week's worth of work. Today, his license is still suspended because he was laid off right before he was able to make his last payment.
Capt. Jason Berry of the Washington State Patrol concurs with the section of the bill that divides infractions into two categories because license suspension allows law enforcement to hold bad drivers accountable.
“If you don’t pay your dog tags or pay child support or even a minor-in-possession ticket, your license is suspended,” said Berry. “We agree that those should be stripped off and only things that are related to your ability to drive, i.e. a crash, be attached to your license.”
Bob Cooper, representative of the Washington Defender Association and the Washington Association of Criminal Defense Lawyers, testified at a public hearing on the bill earlier this week and said that, while he supports the underlying issue of protecting those who are guilty of “driving while poor,” he said the updated version fails include all the “stakeholders” and that the bill needs more work.
Some legislators may be wary of passing this bill because it would have a fiscal impact on the Department of Licensing, which would face costs of about $1.3 million over a six-year period to implement the measure.
However, according to Kline, the major expense district and community courts face in prosecution is from driving while license suspended cases. Through cutting jail time and reducing the use of public defenders for these types of proceedings, local governments are estimated to save $36.4 million dollars in the long run.
Kline explained that there’s a small fraction of third-degree cases the district and lower courts face, but those prosecutions are costly. “Even if we take 20 percent of those [cases], that’s a significant relief to the courts. They wish we did more,” said Kline.
If the bill passes, the Department of Licensing must adopt new rules by Nov. 1 that would further define moving violations, with full implementation to take effect June 1, 2013.
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Comments:
Posted Thu, Feb 9, 10:28 a.m. Inappropriate
My only concern is basic competence of the system, or lack thereof.
Speeding ticket in 1991 in a nearby town. Ticket paid within a week or so. Check cashed.
Mortgage application and house purchase nearly torpedoed in 1998, as that town had sent me to collections. Would have been nice if they'd told me. They claimed I hadn't paid the ticket. Fortunately, I still had the ticket copy and cancelled check on file.
Posted Thu, Feb 9, 10:54 a.m. Inappropriate
SB 6284 is entitled "Reforming Washington's approach to certain nonsafety civil traffic infractions by authorizing a civil collection process for unpaid traffic fines and removing the requirement for law enforcement intervention for the failure to appear and pay a traffic ticket."
I suppose a UW journalism student could call it "A bill to reduce fear among low-income people about the harsh effects of failure to pay a minor traffic infraction".
Posted Thu, Feb 9, 12:19 p.m. Inappropriate
I suppose a right wing blowhard could also call it the "OMFG you're getting rid of debtor's prisons and workhouses Act", too.
Posted Thu, Feb 9, 12:54 p.m. Inappropriate
Of course, right wing blowhards (and left wing blowhards) aren't expected to adhere to the same code of ethics as Journalists, bubbles.
http://www.spj.org/ethicscode.asp
Posted Thu, Feb 9, 1:45 p.m. Inappropriate
Good article and valuable legislative effort by Sen. Kline, thank you. I would add that speeding tickets even for marginal speeding infractions, as well as tickets for other minor moving violations, have gotten so expensive that poor and working-class and unemployed people can't afford them, particularly in a bad economy. It's not uncommon to have to pay more than $200. Seems to me that's gone beyond fair and reasonable, particularly for relatively minor violations like going 10 mph or the limit.
Posted Thu, Feb 9, 1:58 p.m. Inappropriate
Don't do the crime if you can't do the time, Harris.
Don't do the crime, if you can't pay the fine.
Posted Thu, Feb 9, 4:21 p.m. Inappropriate
Are there no prisons? Are there no workhouses?
Posted Thu, Feb 9, 4:22 p.m. Inappropriate
Charles Dickens had Blue Light's number, bigtime.....
Posted Thu, Feb 9, 7:08 p.m. Inappropriate
Senator Kline to Tim Eyeman in 2007:
Kline: "Where is the fat in the budget? You won't answer this question and the reason you won't is you're chicken, you're chicken, you are a coward and the reason that you're a coward is that you know there's lots of people in back of you that if you said nursing homes or if you said colleges they'd say, Tim, hold on."
According to Kline there was no fat in the State Budget in 2007. He was and is a liar.
Posted Thu, Feb 9, 7:11 p.m. Inappropriate
Here is the Crosscut article about how Big Brave Senator Kline was absolutely certain there was no "Fat" in the Budget 5 years ago. Kline is one of the reasons the State is in the Fiscal Mess it is today.
http://jeff.crosscut.com/blog/crosscut/9496/In-Olympia,-a-shouting-match:-Tim-Eyman-vs.-state-Sen.-Adam-Kline/
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