Indiana: City Threatens $2500 Fines for Challenging Traffic Tickets

The Newspaper
by The Newspaper

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 not wearing a seatbelt. After court officials threatened Stone with a $500 fine, he 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.”

[courtesy: thenewspaper.com]

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  • Loverofcars1969 Loverofcars1969 on Dec 11, 2009

    Stop crying lol. Porschespeed hit it right on the head. These cops were hired no doubt with a "get tough on crime" mandate. Well guess what getting shot at sucks but ticketing you nice good people going to and from work is great business. No fuss no muss. I am currently in Indiana and the worst thing about this place is they have the speeds for the roads set from 10 to 15 miles to slow.

  • Porschespeed Porschespeed on Dec 11, 2009
    You would do that by this nefarious method known as “voting” whereby you and citizens who agree with you can, by legal trickery, remove the current government and institute one that’s more to your liking. You will get a new bunch that will be corrupted by the same forces that ruined the last bunch. You were being tongue-in-cheek, weren't you? Unless you are part of the money that runs that council/city/state/country your vote is window dressing. The powers that be will do what they want as long as it serves them. They will ignore any law they wish, and get away with it until it bumps into someone else, who has more power. That's politics American style. Welcome! Well guess what getting shot at sucks but ticketing you nice good people going to and from work is great business. True policework can be dangerous at times, but in the big picture (across the whole country) it is about #20 on the list of dangerous jobs (that which get you dead). It is more dangerous to be a landscaper or a steelworker than it is to be a cop. Or a fireman. Data from the BLS . http://www.bls.gov/news.release/cfoi.t03.htm
  • Lorenzo Yes, they can recover from the Ghosn-led corporate types who cheapened vehicles in the worst ways, including quality control. In the early to mid-1990s Nissan had efficient engines, and reliable drivetrains in well-assembled, fairly durable vehicles. They can do it again, but the Japanese government will have to help Nissan extricate itself from the "Alliance". It's too bad Japan didn't have a George Washington to warn about entangling alliances!
  • Slavuta Nissan + profitability = cheap crap
  • ToolGuy Why would they change the grille?
  • Oberkanone Nissan proved it can skillfully put new frosting on an old cake with Frontier and Z. Yet, Nissan dealers are so broken they are not good at selling the Frontier. Z production is so minimal I've yet to see one. Could Nissan boost sales? Sure. I've heard Nissan plans to regain share at the low end of the market. Kicks, Versa and lower priced trims of their mainstream SUV's. I just don't see dealerships being motivated to support this effort. Nissan is just about as exciting and compelling as a CVT.
  • ToolGuy Anyone who knows, is this the (preliminary) work of the Ford Skunk Works?
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