The Truth About Cars » Speeding Ticket http://www.thetruthaboutcars.com The Truth About Cars is dedicated to providing candid, unbiased automobile reviews and the latest in auto industry news. Thu, 04 Dec 2014 19:13:59 +0000 en-US hourly 1 http://wordpress.org/?v=4.0.1 The Truth About Cars is dedicated to providing candid, unbiased automobile reviews and the latest in auto industry news. The Truth About Cars no The Truth About Cars editors@ttac.com editors@ttac.com (The Truth About Cars) 2006-2009 The Truth About Cars The Truth About Cars is dedicated to providing candid, unbiased automobile reviews and the latest in auto industry news. The Truth About Cars » Speeding Ticket http://www.thetruthaboutcars.com/wp-content/themes/ttac-theme/images/logo.gif http://www.thetruthaboutcars.com Michigan House Votes to End Speeding Ticket Tax http://www.thetruthaboutcars.com/2010/09/michigan-house-votes-to-end-speeding-ticket-tax/ http://www.thetruthaboutcars.com/2010/09/michigan-house-votes-to-end-speeding-ticket-tax/#comments Thu, 16 Sep 2010 14:02:54 +0000 http://www.thetruthaboutcars.com/?p=365836 The Michigan state House of Representatives yesterday voted unanimously to repeal its so-called driver responsibility fee program, an unpopular tax on traffic citations. State Representative Bettie C. Scott (D-Detroit) was the primary sponsor of legislation that will end most of the fees by January 1, 2012 and, before then, cut the amount motorists owe by […]

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The Michigan state House of Representatives yesterday voted unanimously to repeal its so-called driver responsibility fee program, an unpopular tax on traffic citations. State Representative Bettie C. Scott (D-Detroit) was the primary sponsor of legislation that will end most of the fees by January 1, 2012 and, before then, cut the amount motorists owe by half.

“Obviously we must do what it takes to keep our roads safe for all travelers, but driver responsibility fees place an onerous and unnecessary financial burden on too many Michigan drivers,” Scott said in a statement. “The Driver Responsibility Act is flawed legislation that has failed the test of time. It has unfairly penalized our hard-working residents during one of the worst financial crises we’ve ever seen.”

Since 2004, Michigan has used the program to impose a tax of $300 to $2000 on certain driving offenses, plus an annual tax of $100 to $500 a year for anyone with more than seven points on his license. A package of four separate bills would remove the point tax and fees for everything except driving while intoxicated, failure to stop at an accident, eluding a police officer, reckless driving or any offense causing death or serious bodily injury.

Between 2004 and 2009, the state has assessed about $800 million in fees, only $400 million of which was actually paid. The National Motorists Association strongly opposed the fee program, pointing out that the state has some of the worst speed traps in the country, generating fees by setting speed limits that do not match the flow of traffic. The Michigan District Judges Association and the National Association for the Advancement of Colored People have also strongly endorsed repeal of the fees.

“People are frustrated with the ridiculous amount of money charged for minor infractions and penalties,” said state Representative Eileen Kowall (R-White Lake), sponsor of another bill in the repeal package. “These bills will help decrease the financial burden on drivers who already are being punished with large fines and court costs.”

If passed by the state Senate and signed by the governor, the Michigan repeal will become law. In 2007, the state of Virginia introduced a similar speeding ticket tax, called an “abuser fee” bill, which generated a storm of negative publicity. The legislature had no choice but to repeal the program in 2008, offering a full refund to those who paid.

A copy of House Bill 4098, as passed by the House, is available in a 50k PDF file at the source link below.

Source: PDF File House Bill 4098 (Michigan General Assembly, 9/15/2010)

[Courtesy:Thenewspaper.com]

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California Cities Skirt Law With Administrative Speeding Tickets http://www.thetruthaboutcars.com/2009/12/california-cities-skirt-law-with-administrative-speeding-tickets/ http://www.thetruthaboutcars.com/2009/12/california-cities-skirt-law-with-administrative-speeding-tickets/#comments Fri, 11 Dec 2009 15:18:58 +0000 http://www.thetruthaboutcars.com/?p=338871 A number of local jurisdictions in California have quietly turned to administrative citations for speeding tickets as a means of circumventing state law. The legislature had set down a very specific set of procedures for issuing and adjudicating traffic violations, including a split of the revenue for each ticket between the state, county, municipality and […]

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Paradise in the central valley?

A number of local jurisdictions in California have quietly turned to administrative citations for speeding tickets as a means of circumventing state law. The legislature had set down a very specific set of procedures for issuing and adjudicating traffic violations, including a split of the revenue for each ticket between the state, county, municipality and the court system. Cities like Newman now believe they can cut the state government out of the process.

Under new procedures adopted in October, $150 speeding tickets will be issued under a city ordinance governing disobedience to a speed limit sign and not the California Vehicle Code. This means the citations will not carry license points since they will not go through the state Department of Motor Vehicles. Newman claimed that this created a “win-win” situation for motorists and the city.

“The advantages of administrative citations for traffic violations include: lower fines for violators, more convenient for our residents by not having to travel to Modesto and high probability of increased revenue for the city (because the state and county do not get a portion of administrative fines like they do for traditional traffic fines),” Newman Police Department Chief Adam McGill wrote in a September 8 memo to the city council.

Newman had been following the lead of Riverbank which adopted the same system on May 11. Alameda County turned to civil ticketing on July 21. The city of Corona even examined the possibility of issuing red light camera tickets under the same procedure but it backed away from the idea over legal concerns.

Those concerns are substantial. The highwayrobbery.net website, which covers California photo enforcement issues, pointed to the 1994 decision Morehart v. County of Santa Barbara, in which the California Court of Appeal expressly prohibited local jurisdictions from using ordinances to escape the requirements of state law.

“Local legislation in conflict with general law is void,” the court ruled. “Conflicts exist if the ordinance duplicates, contradicts, or enters an area fully occupied by general [state] law, either expressly or by legislative implication.”

Another concern is that the procedure could violate the equal protection clause of the state constitution because the administrative procedures give police officers the ability to treat different classes of drivers with greater or lesser punishments.

“Not all traffic violators will receive administrative citations,” McGill wrote. “Most will continue to receive traditional traffic citations with infraction violations being heard in traffic court.”

Those who receive an administrative citation have lesser due process protection as any challenge is heard by an “administrative hearing” instead of a court of law. Speeding tickets in Newman rise to $300 for a second offense and $500 for a third offense.

[courtesy:thenewspaper.com]

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