DETROIT JUSTICE CENTER LEGAL SERVICES AND ADVOCACY PRACTICE
TRAFFIC ENFORCEMENT TOOLKIT FOR CITIES THE PROBLEMS •
Black and non-white drivers get pulled over more than white drivers and receive a disproportionate amount of traffic tickets
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Many offenses that people are ticketed for have nothing to do with public safety, but instead criminalize poverty
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The process of resolving traffic tickets and reinstating a driver’s license after it is suspended can cost thousands of dollars, which results in many poorer people simply giving up
THE SOLUTIONS Police: •
Police departments should end the practice of enforcing laws that do not impact public safety, like driving on a suspended license, speeding, or other low-level offenses. Police departments should adopt policies that require officers to issue warnings for those offenses if necessary, rather than issuing citations.
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Police departments should adopt policies requiring citations for other offenses, rather than arresting individuals.
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When ticketing a driver, police officers should distribute a reader-friendly guide to the traffic court system which informs the ticketed person of their right to seek payment alternatives if they suffer financial hardship.
City Attorneys: •
City attorneys should dismiss tickets that do not involve offenses that endanger public safety, including most traffic offenses like driving on a suspended license, or plate and registration violations.
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City attorneys should always offer to reduce any “abstracted” charge that could result in the defendant’s license getting suspended to a “non-abstracted” charge whenever possible.
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City attorneys should set aside default judgments issued for civil infraction tickets if the defendant reaches out and shows that they are willing to address the issue that resulted in the ticket.
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City attorneys should recommend to the judge that he or she order personal bond instead of cash bond, waive fees and costs (including Secretary of State clearance fees), not issue arrest warrants for nonpayment or failure to appear in traffic matters, inquire into whether the defendant needs payment alternatives due to financial hardship, and never jail or threaten to jail a defendant due to the inability to pay traffic fines or costs.
City Council: •
Cities should establish a fund for financially distressed drivers who need assistance paying costs associated with defective vehicle equipment. Instead of ticketing drivers for faulty equipment, police officers can give the driver a voucher to request repair money from the fund.
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City councils should pass resolutions calling for police to stop pulling people over for offenses not related to public safety and to stop charging people with offenses that criminalize poverty.
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City councils should fund district courts based on the court’s operating costs, not based on how much revenue the court brings in.
To read our full report on the traffic enforcement system, visit
DETROITJUSTICE.ORG/HIGHWAYROBBERY