Appeals court takes away break for motorists who can’t pay fines

May 08-- May 8--LANSING -- A federal appeals court on Wednesday overturned a landmark ruling by a Detroit federal judge that blocked the State of Michigan from suspending motorists' driver's licenses for having unpaid fines from traffic tickets.

The U.S. 6th Circuit Court of Appeals, in a split decision, reversed a ruling by U.S. District Judge Linda Parker, who said it is unconstitutional to take away the driver's licenses of motorists with unpaid fines without first holding a hearing to determine their ability to pay.

The December ruling was estimated to potentially impact hundreds of thousands of Michigan residents.

Advocates said Parker's ruling in the proposed class-action lawsuit brought by Equal Justice Under Law was the first time a federal judge in the U.S. had issued a preliminary injunction blocking the wealth-based suspension of driver's licenses. The decision could restore the driving rights of people with suspended licenses and block future license suspensions for those unable to pay off court debts, they said.

But on Tuesday, a federal appeals court reversed Parker in a 2-1 ruling, saying it would defer to state law.

"Because plaintiffs have not shown that Michigan's legal scheme is devoid of a rational basis, we decline plaintiffs' invitation to etch their preferred driver's license policy into constitutional bedrock," Circuit Judge Alice Batchelder wrote for the majority.

"Neither the district court nor plaintiffs identify any legal authority showing that Michigan law directs anyone to consider a license holder's indigency as part of the process of suspending his driver's license for failure to pay court debt."

In a dissent, Circuit Judge Bernice Bouie Donald said taking away a driver's license without a hearing on the ability to pay fines violates constitutional due process guarantees.

Motorists "have (a) ... property interest in the continued possession of their driver's licenses," and "this principle holds true without regard to the procedures a state establishes for its deprivation," she wrote.

Batchelder, joined by Circuit Judge Amul Thapar, said it may be true that suspending a driver's license for failure to pay a fine could be "counterproductive," since having a job to help pay a fine often requires the ability to drive.

However, "by imposing greater consequences for violating traffic laws, the state increases deterrence for would-be violators," and promotes compliance with court orders, she wrote.

Phil Telfeyan, executive director of Equal Justice Under Law, said the group is disappointed with the ruling and will consider its options.

"We believe that the opinion from the dissenting judge had a more thorough and accurate analysis of this case, which gives us hope that the fight is not yet over," Telfeyan said.

Batchelder was appointed to the 6th Circuit by former Republican President George H.W. Bush. Thapar was appointed by Republican President Donald Trump. Donald was appointed by Democratic President Barack Obama, as was Parker.

Former Michigan Secretary of State Ruth Johnson, a Republican, appealed Parker's ruling in late December before leaving office because of term limits.

Democratic Secretary of State Jocelyn Benson, who took office Jan. 1, "will work with the state attorney general's office on next steps," spokesman Shawn Starkey said.

"All proceedings of this case -- with the exception of the ruling issued today -- happened prior to Secretary Benson taking office."

Contact Paul Egan: 517-372-8660 or pegan@freepress.com. Follow him on Twitter @paulegan4. Read more on Michigan politics and sign up for our elections newsletter.

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