RSS The Daily Climb-Daily Posting Of Relevant Content

RSS BeforeItsNews Feed

RSS The Economic Collapse

RSS Zero Hedge Feed

RSS Confounded Interest Feed

RSS The Pete Morin Blog Feed

RSS Evil of indifference Feed

RSS The Thinker Feed

RSS Modeled Behavior Feed

RSS Politics and Computers Feed

RSS BlackListedNews Feed

RSS CRISISBOOM Feed

RSS Franke Schein Survival Feed

RSS Homelessness In Savannah Feed

RSS Ye Olde Soapbox Feed

RSS The Daily Bail Feed

RSS Chaos Sweeps Away …. Feed

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 186 other followers

Archives

Legal Reality Newsletter 23 September A. D. 2011


23 September A.D. 2011

Whether there’s a difference between a “driver” and a “traveler” for purposes of these fees, and who has to pay them, is a good question.  Where it’s the equivalent of a fee for initiating an appeal, then there’s the question of whether it’s a “criminal” matter or a “civil” matter.  It’s possible that some systems will charge the defendant in a “criminal” matter costs for initiating appellate processes.

The more “they” want to collect, the greater the incentive to become familiar with the differences between “driving” and “traveling.”

Harmon L. Taylor
Legal Reality
Dallas, Texas

Subscribe / unsubscribe :  legal_reality@earthlink.net

——– Original Message ——–

Subject: Massachusetts: Supreme Court Approves Charging Innocent Ticket Recipients
Date: Fri, 23 Sep 2011 07:42:41 -0500

Isn’t “this state” fun they get you coming or going.

http://www.activistpost.com/2011/09/massachusetts-supreme-court-approves.html


Thursday, September 22, 2011

Massachusetts: Supreme Court Approves Charging Innocent Ticket Recipients

Ralph C. Sullivan
The Newspaper

Motorists issued a traffic ticket in Massachusetts will have to pay money to the state whether or not they committed the alleged crime. According to a state supreme court ruling handed down yesterday, fees are to be imposed even on those found completely innocent. The high court saw no injustice in collecting $70 from Ralph C. Sullivan after he successfully fought a $100 ticket for failure to stay within a marked lane.

Bay State drivers given speeding tickets and other moving violations have twenty days either to pay up or make a non-refundable $20 payment to appeal to a clerk-magistrate. After that, further challenge to a district court judge can be had for a non-refundable payment of $50. Sullivan argued that motorists were being forced to pay “fees” not assessed on other types of violations, including drug possession. He argued this was a violation of the Constitution’s Equal Protection clause, but the high court justices found this to be reasonable.

“We conclude that there is a rational basis for requiring those cited for a noncriminal motor vehicle infraction alone to pay a filing fee and not requiring a filing fee for those contesting other types of civil violations,” Justice Ralph D. Gants wrote for the court. “Where the legislature provides greater process that imposes greater demands on the resources of the District Court, it is rational for the legislature to impose filing fees, waivable where a litigant is indigent, to offset part of the additional cost of these judicial proceedings.”

The court insisted that allowing a hearing before a clerk-magistrate instead of an assistant clerk, as well as allowing a de novo hearing before a judge constituted benefits that justified the cost. Last year, the fees for the clerk-magistrate hearings generated $3,678,620 in revenue for the courts. Although Sullivan raised the issue of due process during oral argument, the court would not rule on the merits of that issue.

“I am disappointed that the SJC did not consider my due process argument,” Sullivan told TheNewspaper. “I suppose that some other driver who gets charged with a moving violation will need to consider doing that. At least this decision will give them a blueprint for a focused due process argument.”

Sullivan, an attorney, is not planning on further appeal to the US Supreme Court.

“While the decision did not go my way, I am safe in the knowledge that I gave it my best shot,” Sullivan said. “I took on this case because I felt that it was the right thing to do.”

Source: Salem Police Department v. Sullivan (Massachusetts Supreme Judicial Court, 9/21/2011)



Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s