close
close

Lawmakers could soon end driving license suspensions for drug debts or offences

Lawmakers could soon end driving license suspensions for drug debts or offences

COLUMBUS, Ohio – Lawmakers may soon send Gov. Mike DeWine legislation to dramatically limit the circumstances in which courts can suspend Ohioans’ driver’s licenses for drug offenses or legal debt.

Senate Bill 37 would prevent judges from suspending driver’s licenses as punishment for missing school; drug offenses not involving a vehicle; non-payment of court costs; and, in some cases, non-payment of child support.

The bill reflects the thinking of supporters across the ideological spectrum that restricting a person’s mobility for crimes unrelated to driving only makes it harder for people to get to work and does not further any interest in criminal justice. Suspensions are especially problematic in rural Ohio, where good jobs are often a drive away and public transportation is lacking.

Supporters of the bill include free-market advocates Americans for Prosperity; American Civil Liberties Union; Ohio Poverty Law Center; Legal Aid Society of Cleveland; Cuyahoga County Public Defender and others.

The Ohio State Attorneys Association was the only group to explicitly identify itself as an opponent. But others, including judges and county child support agencies, have said they want to maintain license suspensions in some cases as a tool to force defaulters to pay.

legislation adopted unanimously by the Senate in May and 84-4 in the House on Wednesday. However, the House, facing the end of the legislative session, has filled the bill with unrelated amendments between a specialty license plate program and another requiring the distribution of feminine hygiene products in women’s prisons . The two chambers must agree on a final version before it is sent to the governor for his signature or veto. All legislation must pass each year to reach DeWine’s desk before restarting the legislative process next year.

Lawmakers will hold their last scheduled legislative sessions next week.

More than 1 million Ohioans had their driver’s licenses suspended between 2016 and 2020, according to a report of the Legal Aid Society of Cleveland. For 60 percent of them, it’s beyond debt, cumulatively about $920 million in a given year. Debt-related suspensions draw the poorest drivers into a feedback loop: A minor traffic stop incurs fees, unpaid fees turn into a suspension, and reinstatement costs money that has become harder to earn without a license.

SB37 eliminates courts’ general authority to suspend licenses for drug offenses. Judges can also do this if the offender was driving under the influence or using a vehicle in the commission of the crime.

The bill removes the option for offenders to show their license as a form of bail, forcing them to repay all fines before getting it back. It gives drivers who owe child support more freedom to keep their licenses. And it eases, in favor of drivers, the calculation and penalties behind serial convictions for failure to produce proof of insurance.

The bill’s bipartisan sponsors in Cincinnati — Sen. Lou Blessing, Republican, and Sen. Catherine Ingram, Democrat — emphasized two aspects of the bill as they introduced it to lawmakers. First, it eliminates the possibility that a crime such as simple drug possession can become the basis for a suspended license. For two, it places restrictions on reinstatement charges for failure to provide proof of insurance, which can include a $600 penalty and two-year suspension. At $15 an hour, they noted, the $600 is two weeks’ pay.

“The purpose of Senate Bill 37 is not to remove consequences for people’s actions, but our current system of sanctions often sets people up for failure without the chance to make better choices for themselves,” they said. “If passed, SB37 could help people rebuild and reform their lives instead of entangling them in a life of excessive taxes and penalties.”

As of 2020, nearly 259,000 Ohio drivers have had their licenses suspended, according to the Legal Aid Society. Sondra Bryson, an attorney for the organization, said she regularly assists clients who file for bankruptcy to reinstate suspended licenses. Bankruptcy, however, cannot reinstate a license suspended for nonpayment of court fines.

“I often see clients who are recovering through the use of active substances, trying to return to work as part of their rehabilitation, but they can’t because of debt suspensions,” she said. “These are people who are working hard to get jobs, get housing and maintain sobriety. I end up turning away those who only have license requisitions because bankruptcy won’t do much to help them get their license back.”

But Lou Tobin of the Ohio State Attorneys Association said a suspended license can be part of the “totality of the circumstances” an officer uses to evaluate whether a driver is involved in other criminal activity.

“We remain against changes to license suspensions for drug offences,” he said. “These are entirely discretionary suspensions, and the law allows judges to grant driving privileges for work, school, treatment or any other reason the judge sees fit. These suspensions are rarely imposed when a vehicle is not involved in the offense and when a suspension is imposed it almost always comes with driving privileges.”

Paul Pfieifer, a retired Ohio Supreme Court justice and current lobbyist for a state judges association, offered limited criticism of the bill, asking lawmakers to allow suspensions for failure to pay court costs. Although they are rare, he said they are “important tools to maintain as a last resort to make sure people pay their taxes.” And Amy Roehrenbeck, executive director of an organization that represents county child support agencies, said keeping license suspensions on the table is mandated by federal rules. And child support, she said, is a duty and not just a duty.

“The suspension of child support is an effective tool to bring money to families in cases that would otherwise not receive support,” she said.

Jake Zuckerman covers politics and state politics for Cleveland.com and The Plain Dealer.