Posted on 12/12/2009 9:25:12 PM PST by Orange1998
Motorists who receive minor parking or traffic tickets in Indianapolis, Indiana are being threatened with fines of up to $2500 if they attempt to take the ticket to court. A local attorney with the firm Roberts and Bishop was so outraged by what he saw in Marion County traffic court that he filed a class action suit yesterday seeking to have the practice banned as unconstitutional.
"The deck is stacked against the motorist," lawyer Paul K. Ogden wrote. "To penalize that person for seeking justice seems wrong. I know it is done for the purpose of discouraging baseless challenges to tickets and clogging the docket, but in the process you are also penalizing people who have a legitimate defense and want a chance to present it to the court."
The city made explicit the threat of additional fines for challenging parking tickets in a November 30 press release announcing a deal between Indianapolis and a private firm, T2 Systems, to hand over operations of a parking ticket court to increase municipal income.
"Using Six Sigma process improvement strategies, it is estimated that under this program the city may collect an additional $352,000 to $520,000 in parking citation revenue over the next 12 months," the city press release stated. "If citations are not paid prior to their scheduled hearing, the city may request a fine of up to $2500 per citation. Upon receiving a judgment for an unpaid citation, individuals responsible could be subject to collections actions or having their vehicle registration suspended."
In traffic court, Judge William Young has been making good on the threats by routinely siding with police officers in disputes and imposing fines of up to $500 on anyone who challenges a moving violation ticket, no matter how minor, and loses. Those who pay without going to court do not face this extra fine.
"Unfortunately what you have happen a lot of times is that judges aren't particularly worried about whether what they're doing may be violating the law as the odds of someone ever appealing a $400 traffic ticket is remote," Ogden wrote. "I see it all the time. Trial judges flouting the law knowing they are unlikely to ever be challenged on an appeal because the litigants can't afford it."
Ogden is specifically representing three motorists affected by court policies. Toshinao Ishii received a ticket for driving 63 MPH in a 55 zone in February. Had he paid the ticket without challenge, the fine would have been $150. After Judge Young sided with the police officer in court, Ishii was fined $550. Motorist Matthew Stone was told by his doctors not to wear a seatbelt over his chest as it could damage his cardiac pacemaker. He received a $25 ticket for wearing his seatbelt "improperly." After reading that he would face a $500 fine, Stone gave up his intention of challenging the citation. Adam Lenkowsky, who did not receive a ticket, attempted to attend a traffic court proceeding on September 23, 2009. He was barred from the court, despite the state constitutional requirement that court proceedings be open.
Ogden argues the court's practices in the first two cases violate the excessive fines clause of the state constitution as well as the clause requiring that "all penalties shall be proportioned to the nature of the offense."
Adam Lenkowsky, who did not receive a ticket, attempted to attend a traffic court proceeding on September 23, 2009. He was barred from the court, despite the state constitutional requirement that court proceedings be open.
Dictatorship is just a moment away.
This is an outrage!
Only because WE let them get away with it.
I'll say no more because I don't want to be banned.
They cannot have the permanent gravy train of bennies and pensions ber interrupted in a down economy that ‘Bammy is making worse by killing small business and increasing government and unions....
Like a zit, the government is squeezing every iota of pus it can from the citizens.
Who would have guessed that the revolution would start in Indianapolis?
Wow.
Your Right to Petition for Redress of Grievances just became very, very expensive.
Probably won’t survive a constitutional challenge.
Most traffic courts are kangaroo courts anyway. So are most child support courts.
When Eisenhower began to build the interstate highway system the Fedgov got more efficient. Any jurisdiction that didn't go along immediately got bypassed, no exit or entrance for dozens of miles. The town would die within a year.
No more time consuming assembling cases for prosecution, one bureaucrat, life or death, final.
Why don’t they just figure out what they need in ‘ticket’ income, and then just send out ‘tickets’ randomly to citizens who must pay or go to jail?
That would avoid wasted time on traffic stops, reduce the number of cops needed (reducing the budget), and allow politicians and judges to spend it on more productive items like prostitutes and gambling.
yarddog is the winner.
Accurate.
In California our judges must stand for reelection occasionally. I have personally witnessed several failing by margins of 4 to 1 and larger.
Double or nothing!
Them vs us.
“Battle lines being drawn . . . “ and it ain’t us that’s doing the drawing.
unconstitutional on 2 counts
1. you have the right to face your accuser
2. unreasonable fines
This is sooooo unconstitutional it’s not even funny.
Guys.. the mayor is a Republican...
They need to take the Judge... Tar & Feather him across town and turn him into the janitor...
I really object to the privatizing of traffic offenses and roads as being done in Indiana.You end up with companies having powers of the state and private corrupt law enforcement as well as corrupt public officials.
Nothing amazing about it.
It's all out in the open for everyone who wishes to see it clearly.
It's the same way Congress works. If a law is clearly unconstitutional, but nobody challenges it (or can afford to), it becomes law forever.
The Supreme Court can only rule on challenges actually brought before it.
must be a rino...
Exactly what the city of Chicago was doing 30 years ago. I live in Illinois, about 175 miles from Chicago and I received one, having at that time never been to Chicago, I ignored it. I read in the paper that tickets were being sent at random all over the state.
I’m having a hard time finding any other stories about this that didn’t originate from a guy who makes his living defending traffic violators.
Not saying it ain’t happening, just can’t seem to verify it anywhere. Looking around, it seems Indy isn’t alone in their accusations.
County Court....Greg Ballard isn't the mayor of the county
Suing provides evidence to the courts for all to see.
Republican, yes. Conservative?, HELL NO!
Yep. The Constitution doesn't exist in that cesspool.
So is Bloomberg...
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