LAST SUMMER, IT was a respected food writer. Then came the mother en route to picking up her child from school. Now, it’s the naval officer who was on his way to get takeout. Each is a law-abiding citizen who ended up in handcuffs and behind bars because the District considers driving with expired tags a jail-able offense. It’s pretty clear that the law — exacerbated by a lack of police discretion — is overly harsh and needs to be changed. Mayor Vincent C. Gray (D) and the D.C. Council should take action before another hapless citizen lands in jail for what is essentially a traffic infraction.
Attention on the District’s unusual practice of arresting drivers if their plates are more than 30 days out of date followed media accounts of cases in which drivers were arrested for registration violations. Following a report by Fox News, Sen. James Webb (D-Va.) called last week
for action from Mr. Gray, arguing there is “absolutely no justification” for jailing people whose only offense is letting a vehicle registration lapse.
The Post’s Ashley Halsey III vividly framed the law’s impact in the story of the Navy lieutenant commander whose July errand to pick up Chinese dinner was interrupted by his arrest. Not only did the officer — soon to be dispatched to Afghanistan — suffer the humiliation of being taken into custody, but the episode will dog him for years, as he will have to answer the standard question of whether he’s ever been arrested.
Make no mistake: No one should be driving with expired plates or a lapsed registration. Those who do — whether by oversight or commission — should be penalized. We recognize the legitimate police concern that unregistered vehicles can be a mask to hide other crimes. But aside from a 30-day grace period instituted by Police Chief Cathy L. Lanier, the law — which AAA Mid-Atlantic officials say is unique to the District — makes no allowance for people whose worst offense is bad record-keeping; other equally serious traffic violations are dealt with through appropriate administrative penalties. It also strikes us that police have better things to do with their time and manpower.
Fortunately, Mr. Gray agrees it’s “harsh and wrong” to arrest law-abiding citizens for driving with expired tags. He vowed to work with the council to revise the statute so that other, more appropriate remedies — towing, impoundment or ticketing — can be employed. He’ll also work with police to determine whether there are certain, rare circumstances that would warrant arrest. The sooner those tasks are completed, the better.
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