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Is Virginia's license suspension law unconstitutional?
Like with some other states, Virginia suspends the driver's licenses of individuals who have failed to pay their fines on their traffic tickets. Virginia's system is a little different than other states though, because unlike the other states, Virginia doesn't give notice and an opportunity for a hearing to individuals who Virginia believes have unpaid tickets before it suspends their driver's licenses.
As of 2015, there were approximately 900,000 Virginians whose license was suspended for unpaid tickets. The Legal Aid Justice Center filed suit against Virginia and later on the United States Department of Justice filed a brief essentially backing the position of The Legal Aid Justice Center and saying that the Virginia law suspending licenses of those with unpaid tickets is unconstitutional under the 14th amendment to the U.S. Constitution because adequate notice (the only notice is a form that says not paying the ticket can suspend your license) and an opportunity for a hearing was not given to individuals before their license was suspended (not even a hearing to determine if they can afford to pay the ticket). If more than 30 days past and the ticket had not been paid, the license was suspended.
The problem is that tickets are very expensive and a lot of people lose their license because they simply cannot afford to pay for a ticket. Then, because they have to get to work, they drive. They get pulled over and charged with an offense of driving on a suspended license. But they cannot afford to pay for that ticket. And on and on it goes. The tickets just keep piling up and some individuals land up owing the State of Virginia thousands of dollars. Even worse, their means of paying for the debt is blocked because they cannot work, because they cannot drive to work.
There does appear to be some positive momentum because the Virginia Supreme Court recently approved a rule that will make it easier for drivers who cannot afford their tickets to enter a payment plan. This doesn't resolve the current lawsuit filed by The Legal Aid Justice Center.
More updates to this case and issue are expected in 2017.