RALEIGH, NC — A lawsuit filed against the North Carolina Department of Motor Vehicles says that taking a person’s license because they can’t afford to pay traffic fines and court costs is unconstitutional.
The suit was filed by several civil rights groups, including the American Civil Liberties Union (ACLU), the ACLU of NC, the Southern Poverty Law Center (SPLC), and the Southern Coalition for Social Justice (SCSJ). The groups say they wish to end the practice, which funnels low-income people further into poverty and violates their due process and equal protection rights under the 14th Amendment to the US Constitution.
According to a release sent out Wednesday, there is a North Carolina statute that requires automatic revocation of licenses for nonpayment of a traffic ticket 40 days after a court judgement. The law does not however, require a hearing before revocation to determine the person’s ability to pay. It’s something they say violates existing US Supreme Court precedent.
Under the current statute, the groups say hundreds of thousands of people across the state have had their licenses revoked by the NC DMV simply because they could not afford to pay traffic fines and associated court costs.
The plaintiffs in the suit say they want a court order declaring that the NC law and DMV practice in this matter be deemed unconstitutional, and to require hearings before revocation to determine whether the motorist willfully did not pay. The plaintiffs also ask that the DMV not be allowed to revoke a license without sufficient notice of options other than payment, to help prevent those who can’t afford to pay from having their license revoked.
The suit also asks that the DMV be required to restore any licenses that were revoked solely for nonpayment.
You can read the entire suit by clicking the link:Β NC Drivers License Complaint
