The Drive to Jail : Why States Should Decriminalize Minor Traffic Offenses and Stop Using Bench Warrants to Enforce Traffic Laws

By Carly A. Gartenberg

Imagine being arrested and jailed for rolling through a stop sign. In fourteen states,1 that is a real possibility. In these states, minor traffic offenses are criminalized, meaning that they are arrestable offenses that come with a criminal record. Although what constitutes a minor traffic offense varies from state to state, generally they are moving violations (such as speeding, failing to stop, or failing to signal); equipment offenses (such as broken lights or a cracked windshield); or administrative regulations (such as driving without proof of insurance or with an expired registration). 

In 14 states, traffic offenses as minor as a cracked taillight can lead to arrest and jail. Traffic offenses are the most common way people interact with the justice system and even in the states that have decriminalized minor traffic offenses, many jurisdictions allow the use of bench warrants when a person can’t pay a fine or fee, or if they do not appear for a court hearing – which can also land them in jail. As a result of these backwards policies, millions of people are being dragged into the justice system, saddled with fine and fee debt, and having their jobs and futures jeopardized by lasting criminal records. 

Our latest report, The Drive to Jail calls out the dangers of continuing to criminalize minor traffic and offenses and outlines what states and local jurisdictions can do to ensure true traffic decriminalization is realized   
New York: Fines and Fees Justice Center, 2023. 15p.