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New law ends some drivers license suspensions in First State

Tom Byrne/Delaware Public Media

A new law will allow some First State drivers to stay behind the wheel despite overdue traffic fines.

Gov. Jack Markell (D-Delaware) signed a bill Monday ending the state’s practice of automatically suspending a person’s drivers license over failure to pay fines for minor traffic violations.

Under the new law, those who are 30 days overdue in paying fines won’t be able to renew their license or obtain a duplicate until the fines are paid, but can keep driving under their current license as they pay them off.

Markell says taking people off the road who don’t pose a traffic safety threat can often times be counterproductive.

“This law upholds our principle that people should be accountable for their actions, including traffic infractions, but it also recognizes that in some instances – particularly for our most vulnerable citizens – onerous requirements like significant fines and court fees can prevent ex-offenders from holding a job, going to school and caring for their families,” said Markell.

One of the bill’s primary sponsors, State Sen. Margaret Rose Henry (D-Wilmington East) agrees, saying it didn’t make sense to force people who commit minor offenses to either stop driving or drive illegally.

"Driving [with a suspended license] has serious consequences, including fines beginning at $500 and possible prison time," said Henry. "Instead, we want to make sure people who owe fines for minor offenses are able to drive to work or school and not be in further violation of the law.”

Markell asked for this legislation in his January State of the State address as part of his criminal justice reform package.  He likened it to a measure passed in 2014 that eliminated mandates that cause non-violent offenders to lose their driver’s license even when their crime is not related to driving. The Markell administration says nearly 800 non-violent offenders per year are having their driver’s licenses returned after being released under that law.

Markell notes that licenses will still be automatically suspended for violations effecting traffic safety, such as DUI, reckless driving, and multiple speeding tickets.

Tom Byrne has been a fixture covering news in Delaware for three decades. He joined Delaware Public Media in 2010 as our first news director and has guided the news team ever since. When he's not covering the news, he can be found reading history or pursuing his love of all things athletic.
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