Help for Drivers Who Can't Pay Fines, Court Costs or Related Charges
by: Iowa Legal Aid
Anyone who has lived in Iowa very long knows how much it means to have a driver's license. In rural Iowa, people rely on cars to get to work, to school and to the doctor. When the Iowa Department of Transportation (IDOT) suspends someone's driver's license, it is much harder to remain financially independent. Continuing to drive with a suspended license is risky. A person can face criminal charges for driving with a suspended license as well as extra fines, costs and additional suspensions.
One common reason to suspend drivers' licenses is the failure to pay fines, court costs or related charges assessed to people convicted of violating motor vehicle operating laws. This includes convictions for violations like speeding. Many times the reason for not paying these fines and other charges is not having the money to do so. When a license is suspended for failure to pay fines, court costs or related charges, it can become even harder to pay. A job can be lost when someone can't get to work or is not able to drive a vehicle.
A little known Iowa law can help with this problem. The IDOT can decide not to suspend a person's license if he or she is low-income and unable to pay the fines, court costs or related charges. It is possible for the person to get more time to pay. Before the IDOT can suspend a person's driver's license for failure to timely pay fines, court costs or related charges, the Clerk of Court must send a notice of nonpayment. That notice gives 60 days to make timely payment. If the person does not pay, or is unable to pay by the end of the 60 days, the Clerk of Court notifies the IDOT. Then the IDOT suspends the license. However, a low-income person can file a form with the IDOT to ask that the suspension not take place. Then the IDOT will decide if the person is able to pay before going ahead with the suspension. The name of the form is "Application For Stay of Suspension For Inability to Pay Fine, Penalty, Surcharge or Court Costs" (IDOT Form #431038). You can get it at IDOT offices or from Iowa Legal Aid. It must be filed with the IDOT within 45 days of the date the Clerk of Court SENDS the notice, not the date you receive the notice. If the IDOT has already suspended your license for non-payment, you cannot use this form.
After the person files this form, the IDOT will review the case and decide whether to stop the suspension. Then IDOT will notify the person and the Clerk of Court of their decision. A person who disagrees with the IDOT's decision can file an appeal.
This is an important option for people who may have a hard time paying fines, court costs or related charges for which they are responsible. It offers a way for low-income people to apply for a "stay of license suspension." That means to put a hold on suspending a license. The form you use to request a stay concerns your finances. It asks you about your job, income, assets, expenses and debts. A person must take the first step and timely file the required form with the IDOT. This process can be a very valuable way to maintain household income and continue to meet a family's transportation needs. Remember, this does not wipe out the fines, court costs or related charges. It can give a low-income person more time to pay, plus let him or her keep a driver's license in the meantime.
If IDOT has already suspended your driver's license due to failure to pay fines, court costs, or related charges, a lawyer may be able to help you. It may be possible to set up a new payment schedule and receive some driving privileges.
You can get a copy of Iowa Department of Transportation Form #431038 from any Iowa Legal Aid office or click here for a PDF copy. You can contact your local Iowa Legal Aid office if you file the necessary forms and the IDOT refuses to stop the suspension. Iowa legal Aid may be able to assist if your license is suspended and you need help to get the suspension lifted.
(Iowa Code section 321.210A and 761 Iowa Administrative Code 615.22)
Last Reviewed On: 10/01/08
READ THIS BEFORE USING ANY PART OF THE IOWA LEGAL AID WEBSITE (ILAW) If you cannot afford a lawyer and have a legal problem in Iowa, you may be able to get free legal help. Call Iowa Legal Aid. To find out which office serves your county, call 1-800-532-1275 or 515-243-2151 in the Des Moines calling area. If you are age 60 or over, you may be able to get free legal advice from The Legal Hotline for Older Iowans at 1-800-992-8161 or 282-8161 in Des Moines. All numbers are Voice and TTY.
This Website Does NOT Give Legal Advice. When you use ILAW, you are just making a request for information. No part of this site or any link found through this site is meant to give you legal advice. Using any part of this site does not make you a client. If you send an e-mail to anyone you reach through this site, it does not make you a client of any lawyer. See a lawyer to get complete, correct, and up-to-date legal advice.
ILAW Only Has a General Summary of the Law. It is not meant to fully explain topics. Do not assume what you read on ILAW applies to your specific case. Also, the law may vary from state to state. What you find on this website may not apply where you live or to court actions filed in other states.
The Law Often Changes. Content on this site was correct when it was written. Check the date on each page. Do not assume what you see here is still correct when you read it.
Links. This website has links to other Internet sites. We have these links so you can find help on legal matters from the justice community. Other sites are responsible for all content on their sites.
E-mail. Using ILAW or sending e-mail through this website does NOT make you a client of any person or program you reach through this site. When you use e-mail, you risk having someone else access part or all of your message.
As You Look at this Website, Remember it is Not a Substitute for Legal Advice.
The Iowa Legal Aid Website is a project of Iowa Legal Aid, the Volunteer Lawyer Projects of the Iowa State Bar and Polk County Bar Associations, and HELP Legal Assistance
