ACLU Sues To End Automatic License Suspension For Unpaid Tickets

SEATTLE, WA — The Washington chapter of the American Civil Liberties Union is seeking to end automatic license suspensions resulting from unpaid tickets and fines, according to a lawsuit filed Wednesday.

The complaint alleges Washington's existing law, which mandates license suspensions for failure to pay citations for moving violations, conflicts with due process and equal protection clauses enshrined in the state constitution. Attorneys argue that the law levies a disproportionate burden on people with low or no income and that suspending licenses for failing to pay a ticket constitutes excessive punishment.

"Washington's law authorizing automatic and mandatory license suspensions not only violates basic fairness for people with low or no income, it violates the state constitution," said Lisa Nowlin, an ACLU attorney. "Ability to pay must be considered when suspending a license, because no one should suffer additional penalties for a moving violation because of poverty."

A news release published Wednesday identified four plaintiffs who described being caught in a cycle of citations and fines that made it impossible to get their licenses back:

• Danielle Pierce: A 33-year-old resident of Everett whose driver’s license has been suspended since 2011 for failure to pay traffic fines and costs. This makes commuting to work and transporting her daughter to and from school difficult. She currently owes about $12,100 due to traffic fines and costs – almost half of which is a result of additional fees, interest, and collections costs – and cannot pay due to lack of financial resources. The size of her traffic-related debt is an insurmountable barrier to regaining her license.
• Amanda Gladstone: A 29-year-old resident of Everson and an enrolled member of the Nooksack tribe who has never had a driver’s license because of limited means. Her driving privilege has been suspended since 2009 for failure to pay traffic fines and costs. She has children to support and her full-time employment is probationary until she acquires a driver’s license, which debt and income considerations will prevent.
• Janie Comack: A 31-year-old resident of Sedro Wooley and an enrolled member of the Upper Skagit tribe. Her driver’s license has been suspended since 2010 for failure to pay traffic fines and costs that she could not afford. She needs a driver’s license to access her treatment facility and take care of her basic needs.
• Lacy Spicer: A 45-year-old resident of Marysville whose driver’s license has been suspended since 2012. Lacy has been unable to pay fines and fees from moving violations due to health and family issues. The suspended license has also made it difficult for her to maintain employment. She recently had a job offer and start date in dental office management, but she was not able to start the job because of the suspended license. Lacy currently owes over $12,000 in fines and fees.

"When my license was suspended, I was living in my car and unable to pay the ticket," said Danielle Pierce, one of the plaintiffs, in a statement. "I had to drive to work though, and so the tickets for driving without a license and thousands of dollars in additional fines, fees, and interest piled on over the years. I can't afford to get my license back, but need it to go to my job and take my daughter to school."

The plaintiffs in the case are represented by Foster Garvey PC, Summit Law Group PLLC and the ACLU of Washington. Read the full text of the lawsuit below.