That's more complicated. Basically, the courts have found that inability to pay is not a crime, but unwillingness to is. Depending on the court, and the debtor, judges end up with a lot of leeway as to how to interpret non-payment. It's a fucked enough situation that I hedged in the original comment. In an ideal world, where everyone had access to high-quality legal representation, it would be relatively straight forward to represent the difference to the courts. Unfortunately, we don't live in that world, and the very same pressures that make it impossible to pay your speeding ticket more often that not also deprive you of worthwhile legal representation.