DWLS3

Current Law: When a person does not pay the fine for a minor traffic violation within the specified time period, their driver’s license is suspended which results in the criminal offense (misdemeanor) if they continue to drive with a suspended license and are stopped by the police. This can lead to a spiral of continuous fines or even jail time.

Why should I care?

The Current Law:

• Criminalizes those who cannot pay fines for civil moving violations

•  Impacts POC, youth and the poor who are disproportionately stopped for moving violations

•  Has a greater impact on people from rural communities who do not have the option to take public transportation when their licenses are suspended 

•  Targets essential workers, with the current COVID-19 risks, who need to get to work and who, if they are made to take public transportation, are further at risk to develop COVID-19

•  Wastes scarce criminal justice and taxpayer resources using them on DWLS3 cases

• Is expensive for local jurisdiction courts to process these offenses.

Passing this legislation will:

• Help to keep drivers licensed and insured

• Ensure that those who are unable to pay the steep fines are not saddled with a criminal record, but are still held accountable

• Ensure that drivers keep their insurance, can get to work, and provide transportation for their families

• Save Washington taxpayers millions of dollars

Who Opposes the Bill?

• Collection agencies (major opponent)

•  Rural communities which rely more heavily on the revenue generated by the fines

•  People who state that then people will not pay fines and there should be consequences

• Insurance agencies state that it would result in dangerous drivers on the roads

Example of Current Law: Two people are stopped for speeding 40 mph in a 25 mph zone, one person is financially well-off and the other person is poor. They are both charged with a traffic violation and receive a fine. The well-off person is able to pay the fine, and moves on with no further consequences. The poor person is unable to pay the fine and has their license suspended. They still need to get to work in order to pay rent and buy food for their family so they continue to drive. One day, they get stopped by the police and are charged for driving with a suspended license in the 3rd degree (DWLS3). This goes on their record as a misdemeanor (a criminal offense) which results in further fines and possibly jail time.

Example of Bill/New Law if Passed: Two people are stopped for speeding 40 mph in a 25 mph zone, one person is financially well -off and the other person is poor. They both receive a fine. The well-off person is able to pay the fine. The poor person is unable to pay the fine but their license is not suspended. The fine is still owed. * habitual offenders would still have their licenses suspended if they didn’t pay the fines.

DWLS3 is due to failure to pay a ticket and is not a safety concern.

Treating DWLS3 as a civil infraction has worked in Seattle and Yakima, as well as several states.