State to revamp 'poverty penalty' for low-income drivers
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OLYMPIA, Wash. - The state is about to make dramatic changes to a law many call "driving while poor." It will soon be more difficult for prosecutors to suspend somebody's license for relatively minor traffic offenses.
Right now, a judge can suspend your driver's license for about 70 different offenses, some of them serious - and some minor, such as failure to dim your headlights.
About 300,000 Washington state driver's licenses are suspended right now. But critics say many of those people are suffering an injustice.
It all starts with a traffic ticket.
The driver never pays because he or she can't afford it. A judge then suspends the offender's driver's license. Critics of state law say that can be very unfair.
"It becomes a penalty for poverty - and not for the behavior underneath it," says Travis Stearns of the Washington Defender Association, who works with poor clients.
But relief is on the way. The state Department of Licensing is now making changes - deciding which relatively minor offenses should never lead to a suspended license, such as driving alone in the HOV lane or failing to dim your headlights.
"We're just updating the list of moving violations that's contained in the Washington Administrative Code," says Brad Benfield of the Department of Licensing.
The state Legislature last year passed a law that's leading to what many say is the long-overdue reform.
"Persons are put between a rock and a hard place where you're asked whether or not you want to drive to your job, or drive your children to hospital or the the doctor's office - or pay these tickets," says Stearns.
Stearns says taking away a low-income person's driver's license for minor offenses costs society more money in the end.
And if they drive anyway then get caught, it's expensive prosecution and jail.
"And that just makes it more likely you'll commit new crimes - and that's what the evidence shows," says Stearns.
Some taxpayers agree it's time we differentiate between failing to pay your ticket for "no proof of insurance" - and offenses that put others at risk.
"There are certain crimes that are worse than others - drunk driving and speeding are those," says taxpayer Todd Mitchell.
The Department of Licensing will have its new rules ready to go by June. In March, the state Supreme Court will hear the case of a man who is appealing his conviction for driving with a suspended license.
Right now, a judge can suspend your driver's license for about 70 different offenses, some of them serious - and some minor, such as failure to dim your headlights.
About 300,000 Washington state driver's licenses are suspended right now. But critics say many of those people are suffering an injustice.
It all starts with a traffic ticket.
The driver never pays because he or she can't afford it. A judge then suspends the offender's driver's license. Critics of state law say that can be very unfair.
"It becomes a penalty for poverty - and not for the behavior underneath it," says Travis Stearns of the Washington Defender Association, who works with poor clients.
But relief is on the way. The state Department of Licensing is now making changes - deciding which relatively minor offenses should never lead to a suspended license, such as driving alone in the HOV lane or failing to dim your headlights.
"We're just updating the list of moving violations that's contained in the Washington Administrative Code," says Brad Benfield of the Department of Licensing.
The state Legislature last year passed a law that's leading to what many say is the long-overdue reform.
"Persons are put between a rock and a hard place where you're asked whether or not you want to drive to your job, or drive your children to hospital or the the doctor's office - or pay these tickets," says Stearns.
Stearns says taking away a low-income person's driver's license for minor offenses costs society more money in the end.
And if they drive anyway then get caught, it's expensive prosecution and jail.
"And that just makes it more likely you'll commit new crimes - and that's what the evidence shows," says Stearns.
Some taxpayers agree it's time we differentiate between failing to pay your ticket for "no proof of insurance" - and offenses that put others at risk.
"There are certain crimes that are worse than others - drunk driving and speeding are those," says taxpayer Todd Mitchell.
The Department of Licensing will have its new rules ready to go by June. In March, the state Supreme Court will hear the case of a man who is appealing his conviction for driving with a suspended license.
If they cannot pay a ticket they could work out something with the courts to pay it... of course them being unable not to pay for a ticket would not be a problem if they did not get pulled over in the first place... if they are too poor to pay a traffic ticket they are very likely too poor to pay for insurance and therefore are a liability on the road as they could injure someone else who also cannot afford to PAY for medical bills resulting in a accident they get into because this too poor to pay a ticket driver was there to hit them... seems to me like the system is copping out! .... As it is echo'd in other peoples responses here... DRIVING is a Privilege NOT A RIGHT!
 @Freespeech I got pulled over for a seatbelt. I had a dr note to not wear, but didn't have it on me. I was in a stressed situation and completely forgot about the ticket until I was pulled over for DWLS/3rd. I had no idea my license was suspended bc they were mailing the info to an addy i hadn't been at since I was 10. I have no idea why. But i lived in the country, there were no buses. I had to keep driving while working min wage and trying to pay off the fines. I kept getting DWLS/3rd and the only other thing i have ever had was 10mph over the limit (35 in what i had thought was 35). People think its easy to make arrangements. Its not. If your fine gets to collections it DOUBLES and you have to pay them monthly. If you miss a month, you're re suspended and have to pay a large % of the total balance (not just what you missed) to reinstate payment plans.  If you are re suspended twice you have to pay the entire balance. It cost me over $10k and 7 years to finally get out of the whole mess from one seatbelt ticket. Cops in Whatcom county run plates, and pull you over JUST for no license. Even the judge there apologized to me for the way the system worked... he knew I didn't belong where I was. I couldn't quit my job. I had stopped driving and found a way to walk and get to the bus, but when I was 8 months pregnant I couldn't walk that far anymore. i got two more DWLS/3rd trying to get to work. Both sheriffs apologized and gave me a ride to work, then came and got me and took me home after.Â
Driving is a Privelege , NOT a right !   Now all liberals repeat this as many times as it takes to get through your tiny little skulls that people who cannot afford Insurance , and other costs associated with driving , Should not be driving and should be riding the bus. Liberals love passing the costs on to someone else instead of the person or group that is causing the problem.Â
That's bull crap.
Driving is not a right, is a privilege of those who use it responsibly and who can afford it.
Poor people should get on the bus.
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and before you readers jump on me about this..... im a poor bus rider.
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Seems to me that if I couldn't pay the ticket I'd be a big girl and go down to the department and see if I could pay it in installments so I didn't have the license suspension problem...
that would be one way, u'd have to go do it though after you serve ur 90 days in jail, and then tack on an extra $1000 ticket on top of the original one, then be late on payments and have it goto collection and now you have a $3500 ticket that keeps u from getting a license. . . .all that from a 3 day expired car tab, or a policeman is behind u and is bored so run's ur license plate number and it comes back registered to someone with a dwls3rd so they pull u over, just to see if it's u driving. not because of no blinker, tail lite, etc... just cause.
Does the state or cities provide free budgeting classes? I believe this is the true root of the issue. Changing the law to accommodate people who can't pay their fines is like lowering academic standards to allow more student to pass. The bandaid will eventually fall off.
This state doesn't take their law that insurance is mandatory very seriously. It's pretty much a joke. If you fine someone for not having insurance then it still leaves the rest of us to pay for the damage they cause when they hit you and trash your vehicle.
a certain segment of society should not be "above the law" for any reason. laws are one of the reaons we consider ourselves a "civilized society".   if the roles were reversed imagine the outcry. that is the fundmental flaw with this proposal.
Currently in the US the law does not discriminate based on income. If WA in fact passes a "poverty clause"  that  punishes one segment of society to a greater extent than another it will no doubt make it's way to the Supreme Court. If upheld a dangerous precedent will be set in America. i have been poor down to pancakes for a week and budgeting quarters for the landromat. i am no stranger to the bus. I get it.  but we have laws in place to protect and maintain our society. once we tweak one law for the sake of a particular demographic we are on a slippery slope. driving is not a constituitional right. it is a privelege. when we abuse a privlege or do not use  it responsibily we pay the price. that includes not wearing a seat belt, texting, using the HOV lane and driving in the dark without lights.Â
This state is nuts.
If the fine isn't paid on time, it turns a civil traffic infraction into a misdemeanor crime.
What's worse is the driver isn't even aware of the situation because the state claims they have no obligation to notify someone when they're suspending the person's license.
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To those who are saying "throw them in jail" and "don't drive if you can't pay" obviously have never been poor, or forgotten what it's like, working a minimum wage job where you're lucky to get 20 hours a week. If our system had any sense of justice, the fines would be proportional to your income like Finnland.
 @Hamsterator Twenty hours a week on minimum wage means you probably can't afford gas, let alone insurance.  Car ownership is not a right.
 @Travis Hartnett  @Hamsterator Yeah, who do these dirty poors think they are, driving on our pristine roads? Driving is for the rich.
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/sarcasm off
I don't buy the whole "I can't afford it" line. I've paid as little as $5 a month on a ticket until it was paid off. The Courts are very generous with their payment plans. If you pay, ever $1 (which a friend paid), on time every month, they will accept your plan. With that said, I don't agree that driving without insurance is a minor offense. If you hit me in your POS Pinto and total my vehicle and you don't have insurance, what I am to do? I don't want drivers on the road without insurance. I shouldn't have to carry uninsured or underinsured motorist insurance because you "can't afford" insurance. Driving is a privilege; therefore, if you cannot follow the law, you shouldn't drive. I don't care if it means you getting to work or not, take the bus. I am tired of this nanny state bending over for all these people who claim to be "poor," but they can somehow afford an iPhone, an Xbox, cable tv and other âluxuryâ items. Maybe these so-called "poor" folk should take a class in budgeting and then tighten their belts, or turn off some of the luxuries they think they need but could easily live without.
@Bianca You have never lived where $5.00 is the difference betwen eating food for a week (yes, a week) and paying the ticket that you shouldn't have to pay anyway. You complain about the POS Pinto, but when one can't afford to replace it (or fix it); what are their options? Will you buy their new car? (Disabled/elderly)
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Frequently people... such as you are so far out of touch with the 'working poor' that you have no concept of what it is to be poor.Â
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BTW: The people that I know don't have an I-phone (now becoming a requirement), don't have a XBox, don't have cable TV (not even available where they live). They do have a Chev SUV that gets VERY bad gas miliage (can't aford to replace it), they do have to heat their house with firewood (can't aford propane/electrical), they do have to go to the food bank each week.
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Oh, and did you ever hear of "uninsured motorest coverage" ? You are covered if they can't cover it. Cheap insurance, I have it.
you suggest I buy insurance so the person who hits my car an puts me in the hospital does not have to?    by the way; an I phone is NOT becoming a requirement. i have car insurance BUT a cell phone several years old.
@jennieb How are you going to get a job with out a phone or phone call? As I said, peoople souch as you are out of touch with reality. Just try and find a cell phone "new" (workable) that is "several YEARS old".
Throw these scofflaws in jail. Then a suspended driver's license won't seem so bad.
Some taxpayers agree it's time we differentiate between failing to pay your ticket for "no proof of insurance" - and offenses that put others at risk.
I beg to differ. Those driving without insurance certainly do put me at risk. Every time one of those irresponsible idiots hits me, it costs me and mine. I'm sick and tired of paying more so that others can slide.Â
 @janeandspot So if someone is unable to pay for car insurance and gets a no insurance ticket (which obviously they will not be able to pay) and then gets a suspended license, how exactly does this help/teach the person become responsible? Also, this is why uninsured motorist coverage is offered. If you are able to afford then you should be able to afford uninsured motorist coverage as well.
@alwaysbusy @janeandspot If they followed the rules to begin with, they wouldn't have these large fines. If you cannot afford insurance, you cannot afford to drive. Stay off the roads or take the bus.
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@Bomarc I never said I would choose insurance. The issue here is that you are living in denial. Even if I agreed with you, you are WRONG. The law says it is illegal not to have auto insurance. If you had said from the beginning that you understand that but because of some bad luck, you cannot afford it at this time, then I would understand. Instead, you go on and on about the poor Miss Ferry County and try to make it sound like because of her situation, she is above the law. I am done with this. Thanks for the entertainment.
@Anarchy The choice is ... Food or insurance. You choose insurance. You are out of touch with reality, and don't understand the plight of the working poor.Â
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Other than try and rag on me, have yet to come up with a viable option. WS DOL has...
 @Bomarc  @Anarchy Where did I say to let the kid starve? You aren't very bright and obviously don't want to take responsibility for anything. Again, I don't agree that being poor means you get special laws. Frustrating that you cannot even admit that normally, yes, they would follow the law but under special circumstances, they had to let their insurance slide. With the comments and attitude you have, sounds to me, they never have had and don't even plan on it and are using this for an excuse.Â
@Anarchy So; you are for - starving the children then? We are talking about people that have had a major change in their living situtation. You rant is "let the children starve, you need insurance" ?!? You are right: You don't thik, and you don't know the answer. State DOL is trying with a viable answer.
I don't know the answer but I don't think saying that laws don't apply because you are poor is ridiculous. And I would think if you cannot afford car insurance because you need baby food, you might not be in the best situation to be having kid either.
 @Bomarc I agree with you Bomarc. I was referring to people like puzzlefighter. Being poor is a result of circumstance not irresponsible behavior and there are many reasons why people start out poor or become poor. A lot of people seem to think that being poor is a choice and those that are poor should suffer and they deserve to suffer solely on the basis of being poor.Â
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@alwaysbusy @Anarchy No, I'm not in that positon. My retired mother is. My disabled son is. My daughter... who's husband had a lot of work is.
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Oh, and BTW: I WAS in that position, and almost was there again....
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Eay to judge when _YOU_ are not in that position.
 @Bomarc  @Anarchy Just wait Bomarc. I guarantee if any of these people suddenly became poor/homeless/on welfare they would be the first to abandon that line of thought. It's easy to talk big when you're not in that position.
@Anarchy Probelm is: There is no bus in Ferry County. So, what other option to you suggest?Â
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Move out?? Can't to that, they don't have insurace, can't drive the car. (Oh, they don't have the money to move anyway)
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I would like to hear what you would suggest for someone that does not have a job; trying to get money; and they have a choice: Get baby food or get auto insurance. With out a smart ... comment, what would you suggest?
@Anarchy -- Well siad.Â
Take their cars, impound them, and sell them. Problem solved.Â
@lakeview And ... are you going to deliver food to them?
I had a case where I paid a ticket online. It was $187 and I mistakenly typed $178. They accepted my payment but never informed me I still owed $9. They then suspended my license all without sending me a bill or ANY notice. I was stopped by a random 'plate check' buy a cop when I was doing nothing wrong. It cost me $9 plus $60 late fees and interest, $75 at the DMV for letting my license expire, plus the $56 for getting a new one. I then took the $500 ticket to court and argued it down to $100. Admittedly my fault, but I feel the consequence in no way suits the crime. The judge was even familiar with this process and said they had no requirement to tell me.
These people have their driver's license suspended because the FAIL TO PAY THE FINE. All they need to do is go to court and ask the judge or commissioner for a payment plan. It's ridiculous that we are even talking about this. I understand that everyone is hurting financially these days but people need to be accountable for their actions. Most of the time these people have a suspended license because they were too lazy or too busy to go to court and work something out. And somehow that makes the system unfair? I don't think so.
 @71ChevelleGuy This isn't done any more. They turn it over to collection agencies who are allowed to charge ridiculous interest and fees on the unpaid tickets. This is an example of fascism where the government creates false business opportunities that prey on the poor.
 @Blindman Never having been in a position worry about this before, it would still be  nice to know...  IS THERE A LAWYER IN THE HOUSE?  I've heard somewhere that collection agencies buy these debts for like 10 cents on the dollar and never really expect to recoup the total amount.  I've also heard that you are only legally on the hook for the original amount... NOT all the excess fees.  Could someone please enlighten us?  It would be nice to know for sure.
 @Blindman  @71ChevelleGuy Or you could just put it on a credit card. Meaning that you've turned it into a method for monthly payments without 'collection agency' level interest. People need to be responsible and hod themselves accountable. If you can't afford a ticket, don't commit moving violations.
I don't care if you're rich or poor they laws should apply equally to everyone!!! All you have to do is follow the rules of the road and you will be fine.
 @tkyed Who wrote the rules? We're you consulted about what laws you wanted? The government has nothing better to do any more than to just sit there and right laws that cost tax payers money, thats all they do any more. Government mandates are unconstitutional and mandatory car insurance is an unconstitutional mandate on the poor.
@Blindman so if you don't have insurance and hit my car, obviously you are too poor to pay for it. and why is it MY responsibility to add extra "under insured coverage" under my policy? isn't it essentially I am paying for YOUR insurance policy?
 @PuzzleFighter  @Blindman If I owned a newer vehicle or chose to pay extra for it I would have uninsured motorist coverage (and GAP insurance if I had a car loan) but I don't. I know full well if someone with out insurance hits my car I will be responsible for the repairs and I am ok with that. It is my choice to not have uninsured motorist coverage and I accept the consequences of that action.
 @Blindman  @tkyed There is no constitutional right to own or operate a car, it's a expensive option with dangerous consequences for others, so it needs to be strongly regulated. Â
@Blindman BS no one should get special treatment regardless of your skin color, your ability to pay or anything else. My god I am a single parent who works my butt off and does not get child support because my sons father gets GAU because after he spent 9 years in prison because he told the state he is having a hard time adapting!! BOO HOO what am I supposed to sit here and whine about what is fair and not fair. If you hit me and my son and total our car and you put my son in the hospital do you think it's fair to be able to walk away scotch free and you leave me with all the bills. I DON'T THINK SO
Most poor people are poor for a reason, and the reason are usually lack of responsiblity. Now we are going to take the last incentive for those people to act responsibly, I can gaurantee a sharp increase in accident and hit and run if this stupid law ever passes. I am a middle class responsible driver that haven't had any accident for 6 years, but my insurance went up 14% this year because of these people. Great job WA state, now you will see even more homeless, useless people moving to our state feeding off the responsible ones, and pretty soon, this beautiful state will turn into the gang infested hell like California.
@PuzzleFighter I find it amazing how this story talks about "poor" people. The term itself is so ambiguous, and this article talks about people who can't afford to pay the fine. Since many people live off their paycheck month-to-month and have nothing left for these 'incidentals' then poor people would also include the financially irresponsible (as you stated) who don't buget and don't save anything for emergencies! It's basic bugeting 101 to have an emergency fund.  Instead any leftover $$ in most paychecks are used for the alcohol store/bar/video game/eating out fund. And they depend on their credit card limit to act as their emergency fund. It all comes back to discipline and being smart with their money. Since that just doesn't happen, the State would rather help them by changing a law, and who gets the bill? You and I.      Â
"It all starts with a traffic ticket."
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Sounds like it starts with doing something wrong. If there is an out of date law or one that is silly, then change it, but don't make it sound like the poor are being penalized for being poor. If you obey the rules of the road, then you won't get a ticket.
Who is responsible for these rules and laws that are so discriminatory?
And how about the insurance companies charging higher rates to people of low income or who rent rather than own? Â Why is Washington such a nanny state? Â It wasn't when I grew up here, but being away for 30 years has made me sorry I ever came back home.
I thought driving was a privilege, not a right. That being said, if the law is changed regarding what infractions can lead to a suspended license, it should be applicable to everyone, not just the poor.
 @The WA Mama It will apply to everyone, not just those of us who can't afford it. Those infractions won't lead to licenses suspensions period, that is the part of the law that they are working to change, it will apply to everyone.