Preliminary Injunction Hearing in Licenses Lawsuit
Contact: Tim Wallace, (434) 529-1853, twallace@justice4all.org
Preliminary Injunction Hearing in Driver’s License Case:
Judge to hear arguments for and against order to DMV to immediately stop suspending driver’s licenses of those unable to pay court fees and fines while litigation proceeds.
WHAT: Hearing on Plaintiffs’ Motion for a Preliminary Injunction
WHEN: November 15, 2018 at 1:30 PM
WHERE: Charlottesville Courthouse, U.S. District Court
Overview:
Stinnie v. Holcomb is a class action lawsuit, filed by Legal Aid Justice Center (LAJC) and McGuireWoods LLP, challenging the constitutionality of Virginia’s statute automatically suspending the driver’s licenses of nearly one million Virginia drivers who cannot afford to pay court costs and fines. The case was originally dismissed at the Circuit Court, but it was revived by the Fourth Circuit this summer when the appeals court allowed plaintiffs to amend their complaint. When LAJC filed the amended complaint, they also asked the court to issue a preliminary injunction, which would have the effect of ordering the DMV Commissioner to stop suspending driver’s licenses for non-payment of court debt while the lawsuit is pending. At the hearing on November 15th, Judge Moon will hear arguments for and against the preliminary injunction.
National and Statewide Implications:
- Virginia is one of 43 states that suspend driver’s licenses for non-payment of court costs and fines related to traffic and/or criminal offenses. Since Stinnie was originally filed in 2016, six more statewide lawsuits have been filed (or almost filed) in California, Tennessee, Michigan, Montana, Mississippi (settled pre-filing), and North Carolina, and advocates have won legislative reforms in many states, including California and, most recently, D.C.
- If plaintiffs prevail, for the duration of the litigation, which could take many months, Virginia would cease to suspend driver’s licenses of those who are unable to pay their court fees and fines. A federal judge recently issued a statewide injunction against a similar enforcement scheme in Tennessee.
- This will not impact the nearly one million Virginia drivers who, as of December 2017, currently have at least one suspension on their license for failure to pay, including approximately 650,000 people whose licenses are suspended solely for not paying court costs and fines.
- For many drivers, a license suspension means giving up their only mode of transportation to work, forcing them to choose between losing their jobs and risking jail time for driving on a suspended license. These long-suffering Virginia drivers will continue to endure a never-ending cycle of debt and incarceration, so long as the law forces them to choose between driving illegally and forsaking the needs of their families.
To read more about the lawsuit, or to download the briefs, go to https://www.justice4all.org/drive.
About the Legal Aid Justice Center
The Legal Aid Justice Center (LAJC) fights injustice in the lives of individual Virginians while rooting out exploitative policies and practices that keep people in poverty. LAJC uses impact litigation, community organizing, and policy advocacy to solve urgent problems in areas such as housing, education, civil rights, workers’ rights, immigration, healthcare and consumer finance. LAJC’s primary service areas are Charlottesville, Northern Virginia, Richmond and Petersburg, but the effects of their work are felt statewide.
