Driving is a privilege that many of us rely on for our day-to-day lives. Whether it's going to work, taking our children to school, or running errands, we drive. However, this privilege can be taken when someone fails to pay fees. Court-ordered, court costs, restitution, probation, supervision, public service, or other court-ordered fees.

For a number of people, a suspended driver's license due to the failure to pay has been a harsh truth. It often causes financial problems and controls their ways of earning a living. In 2021, Arkansas passed a law that changed how courts handle suspending driver’s licenses based upon a failure to pay. The updated process is more fair. It offers more ways for people who have not met the deadline for their court fines.

Under prior law, courts could ask for the revocation, suspension, or non-renewal of a person's driver's license or vehicle registration if they failed to pay court-ordered fines. The new one gives the people a chance to explain why they can't pay or make a way that could help their money issues.

Let's break down the key elements of these changes:

The Right to a Hearing:

One of the most important updates to the law is the requirement for a court to schedule a hearing. Before asking the Department of Finance and Administration to take action against a person's driver's license or vehicle registration, you can get a hearing. This hearing is a moment for people to explain their reasons and financial hardships that they may be facing. It is a platform where they can make their case and try to get a different system for the payment of fines.

Restricted Driving Permits:

If a person's license is suspended, the court may issue an order for a restricted driving permit. A restricted driving permit can let you continue to drive for certain reasons, such as work or doctor visits. It knows that cutting off someone's ability to drive can not be good. It could cause a lot of problems for people to help themselves and their families as well as paying off the fines that led to the suspension.

Detailed Reporting:

Courts are required to give more detailed information to the Department of Finance and Administration for both driver's license and vehicle registration actions. This includes the reason for the action, the amount owed, and identifying information. These detail ensures that the department knows everything and can manage the process with greater care and fairness.

Reversal upon Acquittal or Dismissal:

If a person is not guilty, the law orders a reverse of the charge that is against them for license and registration. If their charge of failure is dismissed, the law orders a reverse of any revocation, suspension, or non-renewal of their driver's license or vehicle registration. This service makes sure that people are not punished for charges that do not result in a conviction.

No Reinstatement Fee:

In the past, even if a person had their driving privileges reinstated, they might have to pay a reinstatement fee. The updated law waives this fee in the case of an acquittal or dismissal.

Protection Against Future Penalties:

Finally, an acquittal or dismissal means that the charge cannot be used to determine the number of previous offenses when considering future executive actions against a person's driver's license. This prevents a dismissed or acquitted charge from haunting someone's record and impacting their future.

The 2021 changes to the law reflect a growing recognition that the justice system must balance. Not only balanced, the enforcement of legal duties with the realities of people's lives. By providing more due process protections, the law accepts that the ability to drive is not just a privilege. They accept that it's necessary for many and that taking it away can have far-reaching negative issues.

In sum, the changes have improved to be fair in the process for those facing license suspension due to unpaid fines. People have the right to a hearing and the chance against unfair penalties.

The Center for Arkansas Legal Services understands the importance of these protections. We also are committed to helping our clients navigate the legal system with full awareness of their rights. If you or someone you know is facing the suspension of a driver's license or vehicle registration due to unpaid fines, we ask you to reach out for legal assistance. You can contact our HelpLine at: (501) 376-3423.

AUTHOR: TREVOR THOMPSON, STAFF ATTORNEY FOR CENTER FOR ARKANSAS LEGAL SERVICES