Fed judge writes law - No license suspension if you don't pay traffic fines!!!

[ShootSpeeders]

So the dangerous drivers will now keep on driving knowing that nothing will be done to them!!

Federal Judge Restores Drivers' Licenses to Two With Unpaid Traffic Tickets; May Be First Ruling of its Kind

oct 10 2017 A federal judge has reinstated the drivers' licenses of two Tennessee residents, thanks to a class action lawsuit challenging the state's practice of suspending licenses for unpaid traffic fines. The suit is still ongoing, but the reinstatement is a good sign; groups representing the plaintiffs say this may be the first court decision of its kind.

Attorneys for Civil Rights Corps, the National Center for Law and Economic Justice, Just City, and the law firm Baker Donelson Bearman Caldwell & Berkowitz filed the federal suit in September on behalf of what they say are more than a quarter of a million Tennessee residents whose licenses were suspended for unpaid traffic fines. These suspensions occur, the lawsuit says, without notifications or consideration of ability to pay, violating the Constitution's due process and equal protection clauses.

In a temporary restraining order issued last Thursday restoring Robinson and Sprague's licenses, U.S. District Court Judge Aleta Trauger echoed many of the same concerns. Robinson and Sprague's challenge was likely to succeed on the merits, she explained, "because the ostensible justification for the state's lack of an indigence exception is not merely tenuous, but wholly without basis in reason in light of the underlying dynamics at issue."

"One needs only to observe the details of ordinary life to understand that an individual who cannot drive is at an extraordinary disadvantage in both earning and maintaining material resources," Trauger wrote. "Suspending a driver's license is therefore not merely out of proportion to the underlying purpose of ensuring payment, but affirmatively destructive of that end....Taking an individual's driver's license away to try to make her more likely to pay a fine is not using a shotgun to do the job of a rifle: it is using a shotgun to treat a broken arm. There is no rational basis for that."

 

[KissMy]

That's the way it was here until about 10 years ago. We are over policed by a tyrannical government! The poor get punished the most & stripped of their freedoms

 

[ShootSpeeders]

That's the way it was here until about 10 years ago. We are over policed by a tyrannical government! The poor get punished the most & stripped of their freedoms

Why not just obey the law? We have 100 americans killed on the highways every DAY.!!! Traffic laws are very essential. THINK

 

[flewism]

So driving on public roads is now a right and not a privilege. Than why have a license requirement.

 

[ScienceRocks]

Isn't it small government to let people drive and drink at the same time as they damn well please? Are you saying you're pro-government?

 

[JOSweetHeart]

So driving on public roads is now a right and not a privilege. Than why have a license requirement.

Maybe it has to do with 16 being how old a person has to be in order to drive at all.

God bless you always!!!

Holly

 

[Syriusly]

So the dangerous drivers will now keep on driving knowing that nothing will be done to them!!

Federal Judge Restores Drivers' Licenses to Two With Unpaid Traffic Tickets; May Be First Ruling of its Kind

oct 10 2017 A federal judge has reinstated the drivers' licenses of two Tennessee residents, thanks to a class action lawsuit challenging the state's practice of suspending licenses for unpaid traffic fines. The suit is still ongoing, but the reinstatement is a good sign; groups representing the plaintiffs say this may be the first court decision of its kind.

Attorneys for Civil Rights Corps, the National Center for Law and Economic Justice, Just City, and the law firm Baker Donelson Bearman Caldwell & Berkowitz filed the federal suit in September on behalf of what they say are more than a quarter of a million Tennessee residents whose licenses were suspended for unpaid traffic fines. These suspensions occur, the lawsuit says, without notifications or consideration of ability to pay, violating the Constitution's due process and equal protection clauses.

In a temporary restraining order issued last Thursday restoring Robinson and Sprague's licenses, U.S. District Court Judge Aleta Trauger echoed many of the same concerns. Robinson and Sprague's challenge was likely to succeed on the merits, she explained, "because the ostensible justification for the state's lack of an indigence exception is not merely tenuous, but wholly without basis in reason in light of the underlying dynamics at issue."

"One needs only to observe the details of ordinary life to understand that an individual who cannot drive is at an extraordinary disadvantage in both earning and maintaining material resources," Trauger wrote. "Suspending a driver's license is therefore not merely out of proportion to the underlying purpose of ensuring payment, but affirmatively destructive of that end....Taking an individual's driver's license away to try to make her more likely to pay a fine is not using a shotgun to do the job of a rifle: it is using a shotgun to treat a broken arm. There is no rational basis for that."

No law was written.

Poor little confused snowflake.

 

[TNHarley]

Isn't it small government to let people drive and drink at the same time as they damn well please? Are you saying you're pro-government?

Roads are a govt function, you dumbass rube

 

[TNHarley]

IDK about this. I know someone that had their license removed for not paying a speeding ticket. They got a warning a few weeks or a month before it got suspended.
IDK maybe she was a "lucky" one

 

[ZZ PUPPS]

The judge issued a temporary reinstatement, not a ruling. In any case, the state's right to impose the sentence will be upheld. That is the primary legal issue. Whether that sentence constitutes "cruel and unusual punishment" is the other issue but taking away a driver's license for ignoring driving laws won't meet that standard.

 

[ShootSpeeders]

Maybe it has to do with 16 being how old a person has to be in order to drive at all.

It should be at least 18 and maybe more.

 

[ShootSpeeders]

No law was written.
Poor little confused snowflake.

It's called CASE LAW, you moron. Even judges call it that.

 

[ShootSpeeders]

The judge issued a temporary reinstatement, not a ruling. In any case, the state's right to impose the sentence will be upheld. That is the primary legal issue. Whether that sentence constitutes "cruel and unusual punishment" is the other issue but taking away a driver's license for ignoring driving laws won't meet that standard.

HAHAHA. Judges do whatever they want, you fool. Everyone agrees obamacare was brazenly unconstitutional but the SC OK'd it. THINK

 

[JOSweetHeart]

Maybe it has to do with 16 being how old a person has to be in order to drive at all.

It should be at least 18 and maybe more.

I agree. The sad thing is that some people wouldn't care if that law was changed when they don't respect the laws that are out there already.

God bless you always!!!

Holly