By Tom Gantert
Legal News
Some lawyers say a controversial fee the state levies against poor drivers makes it hard for them to get their licenses reinstated and continues a cycle of illegal driving.
Starting in October 2003, a driver responsibility fee was levied against drivers who had seven or more points on their driving record or who were convicted of “qualifying offenses.”
The fees range from $100 to $2,000. For example, a driver convicted of drunk driving would have to pay a $1,000 fee for two consecutive years for a total of $2,000.
In the last two years, the legislature has acted to lessen the severity of the fees, but many feel they are still overly burdensome.
“The driver responsibility fees are a way of taxing super poor people who have a less fortunate way of life than other people,” said Jackson attorney Ron Fabian. “The rules are truly draconian.”
The fees take away from other essentials, he said.
“That’s school clothes,” he said. “That’s medicine. We, as a society, for too long have been trying to pay the bills of government on the backs of poor people.”
Fabian said there is nothing worse than representing someone who loses their license because he or she can’t pay the driver responsibility fees.
“We don’t have mass transportation. We are not like Chicago,” Fabian said. “You have to have a driver’s license in order to live. It doesn’t benefit anyone, because people lose their jobs. That person loses their job and they go get social benefits and nobody wants that. The best thing to do is make it possible for them to drive legally. It’s a mean system.”
A Senate Fiscal Agency analysis in 2008 found the state generated about $110 million in driver responsibility fees, but only collected about 53.5 percent of the assessments in 2007 and just 35.84 percent in 2005.
Because a person’s driving privileges were suspended if the hefty fees weren’t paid, that meant a lot of people were probably driving without a license.
And lawyers said that the fees can start to pile up to thousands of dollars, offering cash-strapped residents little chance of legally driving.
The law was changed on April 1, 2009 to make it a little easier for people to pay off the fee. For example, payment arrangements weren’t available unless the fees were more than $500 and then the payment period could be no longer than 12 months. Currently, any amount can go on a payment plan that can be allowed up to 24 months. Before the change, a driver’s license was suspended if the driver couldn’t pay off the fee. Now, the driver can keep their privileges if they can get an approved payment arrangement. However, if a driver defaults on their payment arrangement, they will not be eligible for a new one.
A new state law was passed last November that eliminated driver responsibility fees starting Oct. 1 in three cases—driving with an expired license, failing to produce proof of insurance, and failing to obtain no fault insurance. Those two-year fees now range from $300 to $400. A senate fiscal analysis estimated the state would lose $23.6 million a year on the changes.
“You can’t charge all these fees,” said Jackson attorney Jerry Engle. “It just doesn’t work out. And it isn’t working out, except for the Secretary of State.”
Engle said the $2,000 in fees over two years for a drunk driving offense hurts many people who are making $15 an hour and are supporting a family.
If drivers don’t pay the driver responsibility fee or don’t make payment arrangements or default on their payments, their license can be suspended until the payment is complete.
“It’s almost impossible to pay that and you can’t get back your license,” he said.
Jackson attorney Craig Pappin said the driver responsibility fees are on top of the other court costs and lawyer fees that people have to pay.
“They have to pay that (other court associated costs),” Pappin said. “On top of that, there is this fine and unless that gets paid, they lose their license completely. They might not be able to maintain gainful employment. Some of these people are the most vulnerable.”
Pappin said the problem is the state has to find a different revenue stream if it were to get rid of the driver responsibility fees, something he thinks would be very hard to do.
“We still have a really big problem (drinking and driving), so what’s the next step?” Pappin asked. “I don’t know.”
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