Tennessee can't revoke driver licenses of people who can't pay traffic fines, judge says

Adam Tamburin | The Tennessean

Show Caption Hide Caption 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 Dave Boucher talks about how to get your driver license back if it was revoked in Tennessee

Tennessee can no longer revoke people's driver licenses because they cannot afford to pay traffic tickets, a federal judge said Tuesday in a landmark ruling that could affect as many as 291,000 people.

The new order, issued by U.S. District Judge Aleta Trauger, comes in a September 2017 class-action suit challenging a state law that allowed officials to revoke someone's license if they didn't pay a fine for a traffic violation.

Trauger granted the plaintiff's motion for a preliminary injunction that stops the state from doing so while the suit is pending. Her order also opened the door for hundreds of thousands of Tennesseans to get their licenses back if they cannot pay outstanding traffic fines.

The new ruling built on a July order from Trauger in a separate case that barred the state from revoking licenses based on unpaid court costs.

"It's sort of the next logical step," said Josh Spickler, a Memphis attorney with Just City who was part of both suits. "To me and to the hundreds of thousands of people in Tennessee who've had their licenses suspended for this reason, it's just as big if not bigger.

"It's like an exclamation point on the previous order."

The ruling could have national implications, said Claudia Wilner, a senior attorney with the National Center for Law and Economic Justice in New York City who worked on the case. Dozens of other states have similar laws, and this ruling could influence other challenges that are pending.

But the impact for Tennesseans who can now get their licenses back could truly be life-changing, she said.

"Hundreds of thousands of indigent Tennesseans now have the opportunity to reinstate their driver’s licenses — and more importantly their ability to access jobs, medical care, and the countless important needs of daily life," Wilner said in a statement.

Traffic fines, like court fees, can prove to be an insurmountable barrier for poor Tennesseans who struggle to cobble together basic living expenses. If they can't drive, the plaintiffs argued, it makes it even less likely that they can work and earn the money to pay down the fees.

In an opinion explaining her order, Trauger sided with the plaintiffs who challenged the state, saying "the lack of an indigence exception has resulted in numerous poor Tennesseans with suspensions that they cannot overcome."

The result, she said, was that poor people suffer "both constitutional and material injuries" that "are, or are likely to be, irreparable."

Trauger found that suspensions did nothing to ensure people paid their debt.

Her order bars future suspensions if someone shows they are unable to pay traffic fines. People who already had their license suspended because of their failure to pay must ask the state to have their license reinstated.

The Tennessee Department of Safety and Homeland Security said it would stop revoking licenses "as the court requires."

The statement said department officials would "promptly review the balance of the order to determine the appropriate next steps."

In a statement Wednesday afternoon, a spokeswoman for the Tennessee attorney general's office said they were reviewing the traffic fine ruling "to determine the appropriate next steps."

The state is appealing Trauger's July order regarding people who with unpaid court fees, although the Department of Safety is reinstating licenses in those cases.

How do I get my license back?

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.

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