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A class-action lawsuit says Michigan's policy of suspending drivers' licenses for unpaid traffic tickets discriminates against poor people.

(MLive file photo)

Adrian Fowler's problems with unpaid traffic tickets is one of the biggest barriers trapping her in poverty, her lawyers say.

While living in Georgia years ago, Fowler got several traffic tickets and didn't pay the fines because she didn't have the money, the lawyer say. When she moved to Detroit in 2012, those unpaid fines kept her from renewing her driver's license.

In 2013, when her 3-year-old was spiking a high fever, Fowler was driving the girl to the emergency room when she was stopped for speeding in Ferndale. That resulted in two more tickets -- speeding and driving on a suspended license -- at a cost of $600.

Fowler, who earns about $700 a month at a part-time minimum wage job, couldn't pay those fine either -- and with penalties, it's now above $2,100.

But the 31-year-old stuck is in a true conundrum, her lawyers say: She can't pay the fines without a better job, but she can't get a better job without a driver's license.

Now Fowler is one of the named plaintiffs is a class-action lawsuit filed by Equal Justice Under Law, a Washington, D.C., nonprofit, against Michigan Secretary of State Ruth Johnson.

The lawsuit says that Michigan traffic fines are a "wealth-based scheme" that "trap our most vulnerable citizens in a vicious cycle of poverty."

It specifically targets the policy of indefinitely suspending a driver's license for unpaid fines, which a Equal Justice Under Law press release says "is an extraordinary punishment that goes far beyond a fine."

The other named plaintiff is Kitia Harris, a 25-year-old Detroit resident on disablity for interstitial cystitis. She was ticketed in October for "impeding traffic" in Ferndale and had her license suspended when she couldn't pay the fine within the required 42 days.

The lack of a license means she can't get to her medical appointments, the lawsuit says.

Both Fowler and Harris "were stopped for routine traffic violations, but when they could not afford to pay the fines--because they live well below the poverty line--the state suspended their driver's licenses," said a press release from Equal Justice Under Law.

"If Kitia and Adrian had enough money to pay their fines, the state never would have suspended their licenses," the press release said. "They only lost their ability to drive because they are poor."

Equal Justice Under Law also says it is a counterproductive strategy.

"Unable to drive, people often lose their jobs or have a hard time finding employment, making it even more unlikely that they will be able to pay their debts to the state," the press release said. "Furthermore, residents with suspended licenses cannot fulfill daily responsibilities: taking their children to school, caring for elderly family members, or going to the doctor's office."

The organization says the lawsuit "is the beginning of the process to end the state's unjust system and restore driving rights to tens of thousands of residents."

The lawsuit, which was filed May 4 in U.S. District Court in Detroit, says the practice of suspending licenses for unpaid fines "violates the Equal Protection Clause of the Fourteenth Amendment, the Due Process guarantee of fundamental fairness, Plaintiffs' right to intrastate travel, and longstanding Supreme Court precedent."

Under Michigan law, a driver's license is suspended for an unpaid fine "until the matter is resolved" and the driver must pay an additional $45 before the suspension is lifted. If they are caught driving on a suspended license, they must pay an additional $125 to lift the suspension, in addition to fees and penalties for the moving violation.

In addition, people guilty of driving on a suspended license owes an additional annual $500 fine for two years.

"Over the last three years, Michigan has assessed approximately $40 million in Driver Responsibility fees, and over 100,000 people have lost their driver's licenses simply because they are too poor to pay court costs and fines," the lawsuit states.

Fred Woodhams, spokesman for the Michigan Secretary of State office, said the agency does not comment on pending litigation.

"However, the department does suspend a person's driver's license as required by state law after a court notifies it that a traffic ticket was not paid or the person did not appear in court. Traffic tickets are paid to the local court district," Woodhams said.