Thu
Jul 27 2006
10:23 pm
The $200 plus fines that are routinely imposed by the county traffic courts violate the Constitution of the state of Tennessee and are illegal. Any fine in excess of $50 violates the state constitution and is illegal.
Article VI, Section 14 of the Constitution of the state of Tennessee states "No fine shall be laid on any citizen of this state that shall exceed fifty dollars, unless it shall be assessed by a jury of his peers, who shall assess the fine at the time they find the fact, if they think the fine should be more than fifty dollars."
(see comment for more)
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There is indeed a state
There is indeed a state limit but I thought it was legislative, not Constitutional. Shows how much I know.
The City often gets around the $50 limit by assessing $50/occurence. An "occurence" for some things - e.g. demoliton by neglect, is defined as each day the violation occurs.
It's all true.
.
Car Guy said "Well, you can remember it right now. He's on the ballot, with no opposition. Try to remember it again until 2010."
Darn. I didn't know that. If I'da known I could have ran against him.
.
.
Anonymous said "(a)(1) Any person, except a person ... So are you saying this law is illegal?"
Yep.
.
.
SayUncle said "I'm sure a court would rule that the limit is whatever $50 at the time the constitution was ratified is equivalent to today."
In 1869 when the state constitution was written there was no such thing as traffic tickets. The $50 limitation was to protect the citizens against tyrants in government who would confiscate their livestock, houses, land.
The Republicans are obsessive about trying to give the government more power over us. Trying to take away the $50 limitation is a Republican idea. Sounds like you're trying to defend it. When did you become a Big Government Republican?!
.
.
rikki said "I could have sworn the 2002 ballot initiative only applied to the City of Knoxville and was sponsored by the outgoing mayor and actually happened in 2003."
Former Knoxville Mayor Victor Ashe was a key backer of it. So was the Republican Party leadership I think.
and this "I have a feeling this whole thread is based on a bunch of half-cobbled, undercooked misinformation."
Unfortunately, it's all true.
.
Talk Tennessee Football at The County Seat
Knox Vol said. . .
KnoxVol on Sat, 2006/07/29 - 7:08am.
.
Car Guy said "Well, you can remember it right now. He's on the ballot, with no opposition. Try to remember it again until 2010."
Darn. I didn't know that. If I'da known I could have ran against him.
.
.
Anonymous said "(a)(1) Any person, except a person ... So are you saying this law is illegal?"
Yep.
So are you going to get a ticket and challenge it, or only complain about it?
Back when I was a student UT
Back when I was a student UT got spanked in court for charging excess parking fines. I even got a refund check out of the deal. And there was much rejoicing.
Hey, Les, why don't we just call each other assholes and get it over with. - Somebody on the old Southknoxbubba.net (if that was you, claim your quote and win net.fame!)
>I ain't talking about tan,
>I ain't talking about tan, grey and black clothing for yuppies
If only the Vols were clad in tan, grey and black...
Vandy is.
Vandy is.
(continued from front page)
The public officials say that the fine imposed that is over the $50 limit is not really a fine at all - it's only a contribution to the judge's retirement fund. Of course, they're liars. It doesn't matter where it goes - it's a fine.
In the November 2002 elections there was an item on the ballot that would have repealed the $50 limitation on fines and instead replaced it with a law where the state legislature could set the fine at any limit they chose.
State Senator Tim Burchett (Republican) was a primary supporter of repealing the $50 limitation. It was a Republican initiative. Burchett said in 2002 that the $50 limitation was "unrealistically low."
Not exactly, Tim. Fines are supposed to be deterrents for persons committing offenses - not revenue generating devices for you and your cronies.
The $50 fine limitation is a stop-gap protection against tyrants in the judiciary.
Fortunately, the ballot measure was defeated in 2002. One of the supporters (who was an elected official - and also a Republican) for removing the $50 protection said that they would try again.
The next time you walk into a voters' booth and see Burchett's name please remember what he tried to do to us in 2002.
Talk libertarian, Knoxville politics at The County Seat
I could have sworn the 2002
I could have sworn the 2002 ballot initiative only applied to the City of Knoxville and was sponsored by the outgoing mayor and actually happened in 2003.
I'm not sure that "adjusted for inflation" line has ever been approved by a court. If the state is assessing penalties in excess of $50, it probably has firmer footing for doing so than what's been presented here. I have a feeling this whole thread is based on a bunch of half-cobbled, undercooked misinformation. The city definitely has a $50 limit, but I don't think the state does.
KnoxVol said:. . .The next
KnoxVol said:
. . .The next time you walk into a voters' booth and see Burchett's name please remember what he tried to do to us in 2002. . . .
Well, you can remember it right now. He's on the ballot, with no opposition. Try to remember it again until 2010.
55-21-108. Parking; fines
55-21-108. Parking; fines and penalties; towing
(a)(1) Any person, except a person who meets the requirements for the issuance of a distinguishing placard or license plate, a disabled veteran's license plate, or who meets the requirements of § 55-21-105(d), who parks in any parking space designated with the wheelchair disabled sign, commits a misdemeanor, punishable by a fine of one hundred dollars ($100).
So are you saying this law is illegal?
I'm sure a court would rule
I'm sure a court would rule that the limit is whatever $50 at the time the constitution was ratified is equivalent to today. According to some research:
"$734.59 in the year 2005 has the same "purchase power" as $50 in the year 1796."
---
SayUncle
Can't we all just get a long gun?