Indiana: City Threatens $2500 Fines for Challenging Traffic Tickets

[Xicano]

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.

--snip--

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."


http://www.thenewspaper.com/news/29/2985.asp

[fasttense]

1. That seems to be the basis of our justice system.

Trial judges flouting the law knowing they are unlikely to ever be challenged on an appeal because the litigants can't afford it.

[depakid]

4. +1

[theHandpuppet]

7. +2

You got that right!

[Contrary1]

2. In April the clown told a local TV news reporter this:

"What I'm trying to have people stop doing is playing Russian roulette, or throwing the dice, if you will," Young said. "If you really feel that you were wronged and you wanted to go to trial, hire a lawyer, because there are a lot of opportunities that you might miss if you don't."

In other words, you can hire a lawyer and spend your money on that, or you can be fined in court for not doing so.

I'm glad this story is getting traction. I live in Marion County, and never heard about this until now.

Link to local report: http://www.theindychannel.com/news/21899259/detail.html

[Goldstein1984]

3. It could be worse. The charges might include...

Hindering an investigation: for denying that he/she was speeding

Reckless endangerment: for driving a vehicle out of compliance with state statutes and local ordinances

Conspiracy: for going with the flow of traffic at speeds above the posted limit

Nobody ever gets charged with one crime anymore

[onethatcares]

5. the minute traffic offenses became a source of income

did you expect anything else?

[BR_Parkway]

13. Our "justice" system gets more and more capitalistic every day

[AllentownJake]

6. I'm so glad I left that horrid state nt.

[dixiegrrrrl]

8. Does the fact they privatized traffic court have anything to do with this?

They have made parking tickets a FOR PROFIT business now, and forced most people to accept it.
This will spread to other places.

"a deal between Indianapolis and a private firm, T2 Systems, to hand over operations of a parking ticket court to increase municipal income."

[Phoebe Loosinhouse]

9. How is it legal to privatize a judicial system?

If I lived in that town I would ask the ACLU to file a class action suit on my behalf and on belhalf of all the citizens.

[surrealAmerican]

18. That's just what I was wondering too.

Justice is a state function, not a revenue stream to be privatized.

[struggle4progress]

10. Lawsuit claims traffic court's policy unfair

INDIANAPOLIS - A lawsuit claims that an Indianapolis traffic court judge has been improperly using the threat of higher fines to discourage drivers from fighting tickets.

The lawsuit filed in Marion Superior Court contends that when Judge William Young took office this year he instituted a policy that defendants found guilty would be fined an additional sum of up to $500.

Attorney Paul Ogden says the extra fines are unfairly imposed on drivers for seeking their day in court.

Court administrator Glenn Lawrence says state law sets the fine for a traffic ticket as up to $500 and that defendants have to be told of that.

http://www.chicagotribune.com/news/chi-ap-in-trafficcourtlawsu,0,6927594.story

[struggle4progress]

11. Traffic court in Marion Co. being sued

Updated: Tuesday, 08 Dec 2009, 12:59 PM EST
Published : Tuesday, 08 Dec 2009, 12:59 PM EST

INDIANAPOLIS (WISH) - A class action lawsuit has been filed against the Marion County Traffic Court and the Marion County Parking Violations Court.

The complaint alleges the courts are illegally punishing people who choose to challenge their parking tickets instead of paying them.

It accuses Judge William Young of fining defendants an additional $500 if they lose their case.

The lawsuit also said the Traffic Court's policy of closing its courtroom to the public is unconstitutional.

http://www.wishtv.com/dpp/news/local/marion_county/traffic-court-in-marion-county-being-sued

[struggle4progress]

12. Lawsuit is taking traffic court to court

Complaint says threat of extra fine violates constitutional rights
By Jason Thomas
Posted: December 9, 2009

Paul K. Ogden filed a lawsuit Tuesday, alleging that traffic court Judge Bill Young's threat of imposing additional court costs against defendants who unsuccessfully litigate their cases violates due-process rights in the U.S. and state constitutions.

Ogden filed his lawsuit in Marion Superior Court on behalf of Toshinao Ishii and Matthew Stone. He hopes the suit will merit class-action status. If so, that would open the door for others such as Carroll to join in.

In the lawsuit, Ogden contends that Young, when taking the bench on Jan. 1, instituted a policy that defendants found guilty would be fined an additional sum of up to $500, and that signs in the courtroom warn that the court can impose up to $500 in fines against defendants ...

But Lawrence, pointing to a state statute that says the fine for a traffic ticket can be up to $500, said that it would be unfair for people not to be told that upfront ...

http://www.indystar.com/article/20091209/LOCAL18/912090375/1195/LOCAL18/Lawsuit-is-taking-traffic-court-to-court

[Vinnie From Indy]

14. Young is an arch conservative and well known in Indy legal circles

I have every confidence that the folks at the Indiana Civil Liberties Union will be all over this. Young's actions will be tested in court.

[RUMMYisFROSTED]

15. Note: Traffic tickets are another regressive tax that they forget to mention.

God forbid you raise the tmtr, though.

[niyad]

16. un-frigging believable--wonder how fast this nonsense will spread?

so, are the opponents investigating the privatization of this system?

and how much of a kickback is the judge getting?

nothing like silencing and cowing the public to bow to authority.

[Shagbark Hickory]

17. The country is getting more and more third world, banana republic corrupt by the day.

It used to be this kind of shit was confined to places like Miami, FL now it's in Indiana. It's everywhere.
I think most places have migrated to a system of pre-trial hearings before the traffic court trial. It to filter out people that can be convinced to just pay the ticket without contesting it. If you do take it to court, then they threaten to charge court costs which can be in the hundreds to summons police etc.