Government Is A Bully Stealing Your Lunch Money
Via Consumerist's Chris Morran, a judge in Atlanta has collected more than $1 million in traffic fines by knocking traffic offenses down to warnings, discounting the penalties and collecting the lesser amount as "court costs"...which is illegal and keeps bad drivers on the road:
For a good chunk of 2012, Atlanta's WSBTV has been looking into the behavior of one area judge, who was recorded in open court saying, "It's my policy to always reduce these to warnings and let you pay the fine as court costs... so it will not go on your record."
The WSBTV reporter found that one-in-five tickets in just this particular city had been reduced to warnings, amounting to more than $1 million in fines that had been collected as court costs.But the Chief Judge of neighboring DeKalb County's traffic court tells the reporter that "You don't charge for a warning... A warning is almost an adjudication of not guilty. It means that the case is not going forward against you. If you can't be punished, you can't be fined."
Adds the judge, "There is absolutely no legal basis for keeping that money."
Essentially, if the court collects fines -- even if you're calling them court costs -- it is saying the driver is liable. And yet, by labeling the money something other than a fine, the drivers' records are not impacted.
This may be acceptable for the occasional person who deserves a warning for going a few extra miles per hour over the speed limit, but keeping the state from knowing about offenses prevents law enforcement from identifying repeat offenders.
"I would say it's dangerous to the community," says the District Attorney for Clayton County, where the warning-happy judge works. "Nothing is written down on the record."
"You cannot fine people if they are not convicted of the offense," she adds.
From the WSBTV piece by investigative reporter Jodie Fleischer:
Daniel Brackett said he thought he was getting a good deal when he fought a speeding ticket."She made it clear that if I accepted the warning, they were doing me a favor and giving me a $100 discount on my fine," said Brackett.
But after Brackett left, he began thinking twice about the "warning" that cost him $700.
"They change everything to warnings, collect all this cash and go on about their merry way," said Brackett.
From commenter Captain Obvious on Consumerist:
I got a ticket in Atlanta.The fine was about $225, or you could get it nol prossed by paying $350. THe line to pay the extra was hours long and the line to go to court...did not exist. Its a giant scam that has been going on in Atlanta for 10 years or longer.
Commenter lunasdude on Consumerist writes:
yeah they do this crap here in NM as well, I got busted for passing (in a passing zone) unsafely which the cop never explained what that was and I was given a court date because he tacked on the unsafe part which made the ticket like a careless driving charge!I went, the judge knocked it down to a "taking under advisement" and I payed court cost of $240 and the ticket would not go on my record.
I got home and looked it up the fine and it would have been around $100 and 3 points on my licence, probably higher insurance rates, yada, yada.
Uniformed tax collectors!
And finally, Chrisnif writes at Consumerist:
In Meck county NC the fine for speeding 1-9 mph over is $5. Court costs will set you back $188.
Well, it's all in keeping with the primary purpose of traffic laws anyway: revenue generation. I mean, seriously, do the politicians who set these rules even consult traffic engineers on what the actual safety issues are?
David L. Burkhead at May 20, 2012 8:11 AM
Wasn't there a post last week about how mandatory minimums were screwing us over and judges should be able to have leeway in their judgements?
Oh, and no sympathy at all for lunasdude. Why the hell wouldn't you look it up before your court date?
Elle at May 20, 2012 10:11 AM
In my little city in Minnesota, when the city police give you a ticket, they let you take a 2 hour safety course and the ticket disappears. Cost $65. No coffee served, but not needed since the instructor is very entertaining.
When speed limit says 30mph you better do 30 if the next class is not full.
Dave B at May 20, 2012 1:21 PM
And if you get rich and move to beat the taxes, the angry government will feel cheated and petulantly introduce a bill making sure you're never allowed to return.
Facebook tax drama!
http://economy.money.cnn.com/2012/05/17/senators-to-saverin-dont-come-back-ever/
Gog_Magog_Carpet_Reclaimers at May 20, 2012 3:45 PM
Okay, you want details. I can appreciate that.
"Schumer and Casey are calling their bill the "Ex-PATRIOT Act."
The proposal says that if a wealthy American seeks to renounce their citizenship, it will be presumed they have done so for tax purposes, unless the individual can convince the IRS otherwise.
If the person is unable to convince the IRS, they will be subject to 30% capital gains tax on future U.S. investments no matter where they live. Furthermore, they will not be allowed back into the United States. "Period," Schumer said. "They could not set foot in this country again.""
Gog_Magog_Carpet_Reclaimers at May 20, 2012 3:49 PM
Why that doesn't sound at all like the good ol' Chucky I know.
Dave B at May 20, 2012 4:34 PM
Remember a few weeks ago, when someone was calling for _every_ ticket to demand a jury trial?
Welp, this is how they keep that from happening.
Unix-Jedi at May 21, 2012 2:56 PM
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