A New Way to Get Your Driver's License Back
by: Iowa Legal Aid
Some Iowans who have lost their driver's license may have a new option for getting their driver's license reinstated. There are many reasons that your driver's license could be suspended. One of the common reasons for a suspension is when you have not paid a fine, penalty, surcharge or court costs. If you have an unpaid amount for one or more of these things and your driver's license is suspended because of that, you might be eligible to make an installment payment agreement to get your driver's license back.
What You Need to Know
To take advantage of an installment agreement you need to know exactly why your license is suspended. This information is found in your certified driver record. The certified driver record will tell you the reasons that your license is not valid and how long a suspension, revocation or bar is in effect. A certified driver record can be obtained form the Iowa Department of Transportation (IDOT). You do have to pay a small fee for this driver record. The telephone numbers for the IDOT are 800-532-1121-Toll Free in Iowa; 515-244-9124 or 515-244-8725-Local Des Moines. Certified driver records are available locally at an IDOT Driver's License Station (usually located in bigger cities) or from the local county sheriff's office. They are also available by sending a request and a check for $5.50 (payable to Treasurer, State of Iowa) to:
Office of Driver Services Iowa Dept. Of Transportation P.O. Box 9204 Des Moines, Iowa 50306-9204
How Do I Make An Installment Agreement?
If you determine that the only reason your driver's license is suspended is because you have delinquent fines, penalties, surcharges, or court costs and haven't paid these amounts, then you may be eligible to make an installment agreement. If your license is suspended, revoked, or barred for other reasons, an installment agreement is not going to get your license reinstated. An installment agreement is a payment plan. You agree to pay a certain amount on the balance you owe and then you can get your license reinstated. Like other payment plans, there will be consequences if you miss a payment or stop making payments.
The installment agreement is made with the county attorney (or their designee). You should make the installment agreement in the county where the fine, penalty, surcharge or court cost was imposed. If that county does not have an installment agreement program, you can try to make an agreement in the county where you live. If your county also doesn't have a program, you can try to make an agreement with any county attorney. The county attorney's offices that offer these installment agreements may each have slightly different criteria that each driver must meet to qualify. Some of the county attorneys will not accept a payment plan to cover fines outside of their county.
To actually make the agreement, you need to submit a financial statement to the county attorney and work with the county attorney to determine what the payment amounts will be. The final agreement will be in writing and you and the county attorney should both sign the agreement. Don't make an agreement that you cannot keep, because there will be consequences if you are not able to make payments on time. When you make the agreement, you need to have the money available to make the first payment. The county attorney is to file the agreement with the clerk of court in the county where the fine, penalty, surcharge or court cost was imposed. When the clerk receives the agreement AND the first payment, the clerk notifies IDOT. When the IDOT gets this notification, they are to immediately reinstate your driver's license. If your license is suspended, revoked, denied or barred for another reason, then the IDOT does not have to immediately reinstate your license. Before your license is reinstated, you need to provide proof of financial responsibility and pay the $20.00 reinstatement fee.
Civil Penalties
Many times when a driver's license is suspended, revoked or barred, there is also a civil penalty of $200.00 which is assessed to you. If you have multiple suspensions, revocations or bars, then there can be multiple civil penalties. You need to contact the IDOT to find out if you have any civil penalties and how much they total. The new law states that these civil penalties are to be added to the amount that you owe in your installment agreement.
What Happens If I Don't Make My Payments?
When you miss a payment or stop making payments, it is called default. If you default on an installment agreement, the county attorney is supposed to notify the clerk of court and the clerk of court then notifies the IDOT. The IDOT will then immediately suspend your driver's license again. If you default on you agreement, you cannot make a new agreement that includes the one you defaulted on.
What If I Have More Than One Fine, Penalty, Surcharge or Court Cost?
If you get a new fine, penalty, surcharge or court cost after you have done an installment agreement and that amount becomes delinquent and you get another suspension, you might be able to get another installment agreement. You would have to follow the same process to get the new agreement. In your lifetime you are only able to get five (5) installment agreements.
This law is new for drivers and for the counties. Most of Iowa's counties are not offering installment agreements. The ones that do offer installment agreements each have different rules and restrictions concerning the agreements. As of the date this article was updated, Johnson, Polk, Linn, and Scott counties are the only ones offering installment agreements. Below are links to the Polk and Linn county websites. The Johnson and Scott county information can be obtained by contacting the particular County Attorney's office or click here for a copy of Johnson County's criteria or click here for Scott County's information.
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