The Newspaper
December 10, 2009

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."

 

Man that sucks. I just sold my house there a year ago, and from the sound of it, that's a good thing. The cops there do suck!

 

don't **** off the judges there!!!

 

Ok first of all, I am a Six Sigma Black Belt and I do not see where this will be an improvement aside from leaning up the docket schedule. Cost and revenue wise it will actually result in the government earning less because they will not have the people making a plea for traffic school and paying additional fines too. They need to do more statistical analysis and parallel their analysis with the law. Because what they are doing is illegal.

From a law enforcement prospective, when you are issued a citation you are actually being arrested for a misdemeanor and are released on your own recognizance. Meaning that when you sign the ticket you can go but if you refuse the signature you go to jail and wait for your court date in jail or bond out.

If you have been arrested for a misdemeanor you have the option of pleading guilty and paying the fines, pleading guilty and asking the judge for linenancy to go to traffic school or whatever, or you can plead not guilty and plea your case. In some instances, you actually win your case.

I can not forsee this one sticking around too long.

 

Typical-- drivers are all guilty without thier day in court and if you dare ask for your day.........

how dare you challenge a cop!

 

The city in turn should pay $2500 to each defendant who gets their conviction dropped or something in between if plead down to a lesser charge. Turn about is fair play, is it not?

 

I'm sure they were sad to see you go.....Oh No He Di'Int!!!!