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NORTH CAROLINA POVERTY RESEARCH FUND 9 Court Fines and Fees: Criminalizing Poverty in North Carolina Driver’s license revocation The cessation of driving privileges for nonpayment of court debt is a widespread practice, affecting almost 1.2 million drivers in North Carolina, 1.8 million in Texas, 4 million in California and almost 1 million in Virginia.42 Approximately 60% of driver’s license suspensions in Wisconsin and Vermont are for nonpayment of debt.43 In North Carolina, the Division of Motor Vehicles (DMV) will revoke the licenses of drivers who are convicted of a motor vehicle offense if they fail to appear in court or fail to pay the associated fines and fees.44 The license remains revoked indefinitely until the conditions of reinstatement, including payment of all court costs, are satisfied.45 That means paying all of the fines and fees from the initial violation, plus a $50 service fee for drivers who neglect to return their license to the DMV in time, and a $65 restoration fee. Beginning in 2018, drivers who request a license restoration hearing with the DMV—hearings which had been free—will have to pay a new fee in full before the hearing takes place.46 The barriers to license restoration erected by fines and fees are so daunting that only about 6% of drivers with licenses revoked for failure to appear or failure to pay regained their licenses in the past year.47 The consequences of losing a driver’s license can be harsh, but the downward spiral intensifies if a person is caught behind the wheel with a revoked license. Unlike a traffic infraction, driving with a revoked license is a Class 3 misdemeanor, a criminal charge that not only leads to new costs but becomes part of the defendant’s record.48 Poor defendants often let auto insurance or registration lapse, which leads to yet more charges. Nonetheless, 75% of motorists without a license continue to drive despite the threat of additional penalties.49 People drive without a license because, for many, driving is an indispensable part of their routine. A license can be the key to employment.50 A valid driver’s license is often required by employers, either because the job requires driving or simply as an indication of reliability. Even in metropolitan regions with public transit, the typical resident without a car can reach only about 30% of jobs in 90 minutes.51 Residents of areas without transit are effectively stranded. In one New Jersey study, almost half of drivers who had their licenses suspended due to nonpayment lost their jobs, and about half of that group could not find another. For those who found subsequent employment, 88% reported a decrease in income. The results were starker for low-income drivers, who were more likely to suffer job loss and less likely to find a job afterward.52 42 Salas and Ciolfi, Driven by Dollars: A State-By-State Analysis of Driver’s License Suspension Laws for Failure to Pay Court Debt. 1. The number for North Carolina includes revocation for both failure to pay and failure to appear. 43 Marsh, “Rethinking Driver’s License Suspensions for Nonpayment of Fines and Fees,” 20. 44 N.C. Gen. Stat. § 20-24.1(a). Revocation of a driver’s license in North Carolina means a complete cessation of driving privileges. Individuals seeking license restoration must apply for a new driver’s license. 45 N.C. Gen. Stat. § 20-24.1(b). 46 See North Carolina Department of Transportation, Division of Motor Vehicles proposed temporary rule 19A NCAC 03K .0101, .0102. As of the writing of this report, the fee amounts were still under consideration. 47 Fain, “1 in 9 Licensed NC Drivers Suspended, but Not for Bad Driving.” 48 N.C. Gen. Stat. § 20-28. 49 Marsh, “Rethinking Driver’s License Suspensions for Nonpayment of Fines and Fees.” 22. 50 See Semuels, “No Driver’s License, No Job.” 51 Tomer et al., Missed Opportunity: Transit and Jobs in Metropolitan America, 1. It typically takes much longer to get to work using public transportation. See Maciag, “Riding Transit Takes Almost Twice as Long as Driving.” 52 Carnegie, Driver’s License Suspensions, Impacts and Fairness Study, 56–57.