While it was only the final, fatal traffic stops of black drivers Sandra Bland and Philando Castille that made headlines, both drivers had long suffered in America’s racist system of traffic policing. Both had been frequently stopped and harassed by police for minor violations, issued tickets, and then overwhelmed by traffic fine debt and license suspensions.
Modern Traffic Policing is Racist
The decisions that determine who faces traffic fines are influenced by racism at every level of enforcement. Studies have shown that Driving While Black is a very real phenomenon. Police are more likely to pull over black drivers than white drivers. Black drivers are more likely to be pulled over for minor violations in pretextual or investigatory stops where police hope to uncover evidence of other illegal activity. During a stop, police are more likely to search black drivers, more likely to issue black drivers multiple tickets in a single stop and are more likely to arrest black drivers. Jurisdictions that have higher black populations issue more fines per capita and rely upon traffic fines to fund the government.
The injustices of Driving While Black are compounded by the economic inequality between white and black Americans. On average, black households have larger debt, lower income, and lower net worth than white households. As a result, traffic tickets are often more burdensome on black drivers.
Traffic Fines and Fees Trap the Vulnerable
Unjust and racist traffic policing does not end once tickets are issued; traffic fines can spiral into a ballooning debt that can hound the driver for years. Traffic fines are frequently expensive to begin with. A single fine can cost hundreds or thousands of dollars. However, the initial fine may only be a fraction of what a driver may end up paying, especially when the driver cannot afford it. Many jurisdictions tack on mandatory fees and surcharges onto the initial fine.
A wealthier driver may be inconvenienced by an initial traffic fine and may grumble when they realize they must pay additional fees and surcharges. But once the wealthier driver reluctantly parts with their money, they are free and clear of the system. In contrast, a driver who cannot afford the initial fine—let alone fees and surcharges—will get trapped in the system. Some of these drivers may enter into a payment plan that would allow them to pay off a fine (with interest) over an extended time period. But payment plans often require hefty down payments and schedule monthly payments at unaffordable rates. If a driver is late in paying a single plan installment, they will likely be forced to pay a penalty.
Perversely, having unpaid traffic debt can lead to consequences that make it even harder to pay off the debt. In 35 states and Washington D.C., traffic debt can lead to the suspension of a driver’s license. Suspensions for unpaid ticket debt may last longer than suspensions for safety violations or may remain until all debt is repaid. Being permitted to drive is vital to remaining employed for many Americans. 86% of Americans drive to work. Besides difficulty in getting to work, some jobs require a valid license, such as construction, delivery, or ride-shares. A study of license suspensions in New Jersey found that 42% of drivers with suspended licenses lost their jobs.
With the costs of not being able to drive being so high, it is not surprising that 83% of drivers whose licenses are suspended continue to drive. However, doing so opens drivers up for more tickets. Without a valid driver’s license, a driver may lose insurance or be unable to renew their vehicle’s registration. Police officers can stop a car solely because a scan of license plate databases reveals the car’s owner does not have a valid license. In this scenario, a driver pulled over because they do not have a valid license can be slapped with 3 tickets: driving without a license, driving without insurance, and driving a vehicle with expired registration.
Unpaid tickets can also lead to incarceration. In some jurisdictions, if a person misses a single payment for traffic debt, then a warrant can be issued for their arrest. Having an outstanding arrest warrant can lead to additional police stops, incarceration, and even more fees and surcharges to pay for the issuing of the warrant, booking fees, and fees for staying overnight in a jail. Arrest warrants can also show up when employers perform background checks, once again making it harder to earn money and pay off the debt.
Most troubling is the fact that traffic stops originating in traffic debt violations can lead to stops in which police kill the drivers. Police are trained to treat every traffic stop as a potentially life-threatening interaction. Police have killed nearly 600 people in traffic stops since 2017. These police killings disproportionately harm black people. In 2015, 1 in 3 drivers killed in traffic stops were black.
The Promise of Camera-Enforced Streets
With camera-enforced streets, the use of police in traffic enforcement would be phased out and police officers would be replaced with speed and red-light camera technology. Traffic cameras would photograph vehicles based on how fast the vehicle was moving or if it was in an intersection when it should not have been. Once a vehicle is photographed, a ticket would be issued to the vehicle owner. This model would minimize racial bias in traffic policing by not allowing the decision to issue a ticket to be influenced by the race of the driver and by eliminating pretextual or investigatory stops for minor, non-safety violations. The model would limit the economic harm of traffic tickets by limiting the types of tickets that can be issued to speeding and red-light violations. It also eliminates the ability of police to target drivers who have suspended licenses or warrants because of traffic ticket debt.
Traffic policing is racist and traps those who are least able to pay in unending debt. Injustices continue every day that we fail to move to an anti-racist model based on camera-enforced streets. It’s time to take advantage of existing technology to eliminate racism in traffic enforcement.