Varying Costs of a Drink

Last week in the Poughkeepsie City Court, I observed a stark example of how race and class change the experiences for those charged with alcohol-related violations. 

The first case involved a clean-shaven white man in formal attire who pled guilty to a DWI charge. He arrived with a private defense attorney, and the entire proceeding took less than 10 minutes. Judge Volkman announced that the total fine and court fees for his conviction accrued to about $400 dollars in total, to which the defendant agreed to pay without even a pause of hesitation. In fact, the man stated that he did not need a payment plan and was prepared to pay the clerk the entirety that day. He strolled out of the courtroom, surprisingly upbeat for a man who had just been given a charge of Driving While Ability Impaired (DWAI). The monetary loss seemed a mere inconvenience. 

The second case involved an older black man who violated the city’s open container ordinance.  He appeared to be unhoused, and approached Judge Mora to request an additional two week extension for the next installment of his payment, explaining that he was unemployed. Although Judge Mora accepted this request, his previous six appearances regarding this matter suggested that this was an ongoing monetary struggle for this defendant. Because he lacked the money to pay the fine, he was required to regularly return to court to request extensions. Avoiding the payments altogether could result in an arrest.

This is the reality of mandatory court fees in Poughkeepsie. As a report by the New York City Bar Association points out, these surcharges are not designed as tools for public safety or rehabilitation. Their official purpose is simply to generate state revenue from some of its poorest residents. Thus, while our legal system treats a wealthy driver and an unhoused person the same on paper, their experiences are often different. 

Because New York stripped judges of the ability to waive these fees back in 1995, Judge Mora is obligated to extract court fees from every convicted defendant, regardless of their ability to pay. In a country where our own president has evaded taxes without repercussions, New York State hunts down income from those who can least afford it.