Lehto's Law
- Thread starter GURPS
- Start date
^I hope she does get a good lawyer.
City Wants You to Pay $100 for the Right to Fight Your Ticket
Public Interest Law Firm Calls on Village of Peninsula to Change Unconstitutional Speeding Ticket Program
Since late April, Peninsula police officers have been using handheld speed cameras to catch speeding motorists. Between April and September, Peninsula has issued 8,900 speeding tickets, worth $1.3 million. Approximately $560,000 has already been collected, equivalent to more than $1,000 in fines for each of the village’s 536 residents.
Courts have ruled that this level of revenue creation is unconstitutional because it creates a clear financial incentive to police in the name of profit, not public safety. Specifically, courts have ruled that if a city generates more than 10% of its revenue from fines or fees, it raises serious constitutional concerns.
Even worse, Peninsula’s system requires a motorist to pay a $100 fee to contest their ticket in municipal court. Forcing someone to pay a fee to defend themselves in court violates Americans’ due process rights, which require the government to provide a meaningful hearing before taking property. Peninsula does not waive the $100 fee for those who cannot afford to pay.
“Due process requires a meaningful opportunity to be heard before one is deprived of their property,” said Bobbi Taylor, a litigation fellow at IJ. “Forcing someone to pay a fee to defend themselves in court essentially puts the right to due process behind a paywall.”
IJ has a long history of fighting making-money schemes that prioritize profit over safety and deprive Americans of their constitutional rights. IJ has sued dozens of local governments for infringing on citizens’ rights by collecting unreasonable fees, including through procedures that violate the Constitution’s due process clause. IJ’s litigation includes Timbs v. Indiana, in which the U.S. Supreme Court ruled that the U.S. Constitution’s protection against excessive fines applied to state and local governments.