Tennessee to appeal federal court ruling on driver's license reinstatement

Dave Boucher | The Tennessean

Show Caption Hide Caption Should Tennessee's driver's license revocation law be overturned? Jim Thomas used to be homeless, and because of overdue court fines can't get a Tennessee driver's license. Now he's named in a lawsuit challenging the state's driver's license revocation law.

Tennessee is appealing a recent landmark federal court decision that opened the door to the state reinstating driver's licenses for potentially more than 150,000 residents.

In early July, U.S. District Judge Aleta Trauger ruled it is unconstitutional for Tennessee to revoke someone's driver's license if they could not pay court costs.

The decision was the first of its kind in the country, although many states have similar laws allowing counties to work with the state to revoke or suspend a driver's license if someone fails to pay their court costs.

On Wednesday, the Tennessee Department of Safety and Homeland Security Commissioner David Purkey formally filed a notice of appeal. That means the state is asking the U.S. Court of Appeals for the Sixth Circuit to review Trauger's ruling.

Josh Spickler, executive director for Memphis-based advocacy organization Just City, described the appeal decision as disappointing.

"Instead of working to develop better public policy and have more Tennesseans driving safely and legally, the state has decided to challenge the court's sensible conclusions and continue the practice of suspending driver's licenses of people who cannot afford to pay court debt," said Spickler, who is also an attorney on the case representing people who lost their license.

The appeal does not have an immediate impact on Trauger's ruling, and the state must continue to reinstate licenses in accordance with her decision.

However, the state could seek a stay from Trauger's court, asking for the order to be temporarily set aside pending a decision from the appellate court.

The state has not given any indication yet that they will ask for a stay. A spokeswoman with the Tennessee attorney general, the legal team representing the state in this case, confirmed the state filed its notice of appeal but declined further comment.

Megan Buell, a spokeswoman for the Department of Safety and Homeland Security, declined to comment on the appeal.

A notice of appeal is different than an actual appeal, where the state will lay out its rationale for asking a higher court to review the ruling.

From July 1, 2012, to June 1, 2016, the state revoked 146,211 driver’s licenses for failure to pay fines, costs or other fees, an analysis cited in the judge's order shows.

Only 10,750 of those people had their licenses reinstated, according to the analysis.

"If a person has no resources to pay a debt, he cannot be threatened or cajoled into paying it; he may, however, become able to pay it in the future. But taking his driver’s license away sabotages that prospect," Trauger said in her ruling.

Forty-three states and the District of Columbia have laws to suspend or revoke driver's licenses for failing to pay various court costs and fines, according to a Legal Aid Justice Center report released in September 2017. D.C. and 28 states suspend licenses for traffic court debt only.

Attorneys in this case also filed suit against the state on behalf of people who lost their driver's licenses for not paying traffic tickets. There are more than 250,000 people under this scenario since 2012.

As of last week, the state could not say how many licenses were reinstated in light of Trauger's ruling. Buell estimated the state's reinstatement center received 3,500 calls since the federal court decision.

Following the ruling, hundreds of people have called The Tennessean with questions about reinstating their license. Many say they have called the state's reinstatement line, only to hear a recording that says the line is inundated with calls.

Reach Dave Boucher at 615-259-8892, dboucher@tennessean.com and on Twitter @Dave_Boucher1.

FAQ: How do I restore my driver's license in Tennessee? Dave Boucher talks about how to get your driver license back if it was revoked in Tennessee

How do I get my license back?

For now, eligible Tennesseans should be able to get their driver's license's back before paying their court costs. There are several ways to determine if you are eligible.

Call 866-903-7357. This number is for a state reinstatement center. It's their job to help you determine if you're eligible to have your driver's license reinstated, and if you are, help you get it back. Someone should answer calls to that number Monday through Friday between 7:30 a.m. and 4:30 p.m. CST. The number will be busy, so keep calling if you can't get through to someone immediately.

Visit this website: dl.safety.tn.gov. You'll need to fill out a short form, so have your Social Security number and driver's license number (if you know it) handy. The website will help you determine if you're eligible for reinstatement.

Go to an in-person reinstatement centers. A full list is available online at the Tennessee Department of Safety and Homeland Security's website.