Ticketed Mass. Motorists will have to pay money to the state Guilty or not
Massachusetts: Supreme Court Approves Charging Innocent Ticket Recipients
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. http://www.thenewspaper.com/
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. http://www.thenewspaper.com/
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Comment by youhavetoforgiveme on September 23, 2011 at 7:04am -
When all else fails, beat the peasants. It was THEIR fault that we looted their money from the government coffers anyway.
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Comment by mystery on September 23, 2011 at 9:00pm -
Damn don't want to get a ticket in this state. No sight seeing for me in Massachusetts. I tend to be a little heavy on the gas. Really, do they think they can make more money from tickets than from tourism. Well, let me see if i were to go, I would need a place to sleep, a place to eat, and some entertainment. But since i am not going now at any time in the near future, I wont need to worry about that and the state of Massachusetts wont have to worry about the fine or the revenue and all the book keeping that goes along with that, or the time it takes the book keeper to record any of it. Such a smart decision, you should be so proud.
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Comment by Andy Anduer on September 25, 2011 at 11:09am -
I just can't do the subject justice! enforced shots, enforced fine, right or wrong, all rights forfeited by the courts.. There is no law in Massachusetts any more. When are people going to do something about their rights? Mass. used to be the cultural center of the country, but it has been poisoned.
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