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Driving with suspended license may be decriminalized

Bills would ease punishment if suspension due to unpaid fines

By Donald W. Meyers, Yakima Herald-Republic
Published: January 16, 2018, 9:58pm

YAKIMA — State lawmakers are considering bills that would decriminalize driving with a suspended license if the suspension was for failing to pay fines.

Bills in the House and the Senate are intended to prevent people from getting criminal records for no other reason than not having enough money to pay bills, according to one of the bills’ sponsors.

The bills, which were introduced last week with bipartisan support, would reduce driving while license suspended in the third degree — the state’s most commonly charged crime — to a civil infraction.

“Civil infractions are a much more appropriate way to handle those who do not or cannot pay a ticket for whatever reason,” Sen. Joe Fain, R-Auburn, said in a news release. “Criminal charges reduce a person’s ability to rent an apartment or be considered for the very job they would need to pay the original fine.”

The American Civil Liberties Union has called for decriminalizing the offense, saying it disproportionately affects the poor and minorities, is an excessive punishment and has cost the state $1.3 billion in court costs from 1994 to 2015.

Fain’s Senate Bill 6189 would only affect those who are charged with third-degree driving with a suspended license. Those cases involve licenses suspended for failure to pay a fine or keep current on child-support payments.

Drivers are usually cited for the offense, but not placed under arrest.

Currently, it is a misdemeanor, which means up to 90 days in jail if convicted and fines reaching $1,000.

Both House and Senate measures would classify the offense as a civil infraction, which does not go on one’s criminal record, and would carry only a $250 fine, or $50 if the defendant gets their license back.

Yakima police Lt. Shawn Boyle, who oversees the department’s traffic division, said a lot of the citations are reduced to infractions as it is an easier fine to pay for some people.

“It shows some empathy,” Boyle said.

Boyle said the office is taking a “wait and see” approach to legislation that would decriminalize the offense statewide.

Sen. Judy Warnick, R-Moses Lake, said she would be concerned about having people without licenses driving on the road if the bill were passed. She said people who do not have licenses often lack insurance.

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