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Counties better be ready to increase court budgets

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  • Counties better be ready to increase court budgets

    Apparently all of those lawyers who get elected to political office forgot why we have plea bargains. Expect the days of three to four hour backups in traffic court to return.

    What's funny is the fines are being labeled excessive, but they were what the legislature had previously set. If the fine ranges from $150 to $500, how is $350 excessive?

    http://www.indystar.com/article/2010...+RSS+-+Indiana)

    New traffic court law fixes excessive fines
    Starting July 1, limits are set for those who contest tickets


    You couldn't have been going that fast. No way you ran that red light.
    If you want to have your day in court, a new law will make it easier -- without the risk of losing your shirt.


    A law going into effect July 1 cracks down on excessive fines in traffic courts across the state. Gov. Mitch Daniels signed the bill Wednesday.
    The bill, which sailed through the House and Senate, took direct aim at Marion Superior Court Judge Bill Young. In just more than a year overseeing traffic court, Young built a reputation for slamming motorists who insisted on a trial and lost, issuing double or more than triple the standard $150 in fines and costs.
    Senate Enrolled Act 399 sets a series of maximum fines within the $500 limit under state law for moving violations that are Class C infractions.
    That includes speeding -- except in school or construction zones -- and violations at stop signs and stoplights.
    The law now will take into account the person's history of losing attempts to contest tickets and will restrict higher fines based on several scenarios:
    » $35.50: Admit to violation on or before court date, or contest the violation in court and lose (with no previous moving violations contested unsuccessfully in the same county within five years).
    » $250.50: Contest the violation in court and lose (with one previous losing attempt).
    » $500: Contest the violation in court and lose (with two or more previous losing attempts).
    All of these fines get added to $114.50 in court costs and fees charged by each county for Class C infractions.
    The changes won't affect the reason judges side with ticketing officers most of the time.
    "The standard of proof is the same," Young said. "It's whether it's more likely than not that you committed the infraction."
    I miss you, Dave.
    http://www.odmp.org/officer/20669-of...david-s.-moore

  • #2
    Traffic court is a circus. I hate it. I love the guys that want to fight it but have NOTHING to offer as evidence. All they wanted to say was that they did not do it. Haha. Waste of time.

    Comment


    • #3
      Don't know if you ever watch Speeders, but the follow-up of that show is Speeders Fight Back. You see some very good evidence people can provide, however 90% of the people that go to traffic court simply say they didn't do it and mouth off to the Judge.
      Rest In Peace Officer David Moore

      Gone, but not forgotten. EOW 1/26/11

      Poison - talk dirty to me - I was the baddest mo fo in my 6th grade Catholic School
      -Crass Cop

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      • #4
        [QUOTE=USMC5011;2279089]Don't know if you ever watch Speeders, but the follow-up of that show is Speeders Fight Back. You see some very good evidence people can provide.

        Please tell me you don't honestly believe that show is real.

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        • #5
          Originally posted by Hard Hitter View Post
          Please tell me you don't honestly believe that show is real.
          No I don't. Not entirely, anyways. If they don't get a good bit, I can bet that they do pay people to say stupid stuff. But, some of the Traffic Stops do seem real.
          Rest In Peace Officer David Moore

          Gone, but not forgotten. EOW 1/26/11

          Poison - talk dirty to me - I was the baddest mo fo in my 6th grade Catholic School
          -Crass Cop

          Comment


          • #6
            Typical "defenses" in traffic court:

            1) I did it, but I had a good reason.
            2) I was only going 85 in the construction zone, not 86.
            3) I did it, but the officer was rude.
            4) Nuh-uh.
            5) I've never gotten a ticket before, so this one shouldn't count.
            6) I wasn't paying attention.
            7) I Googled some information that says you have to let me off because...

            and of course, the biggest one:
            I was hoping the officer wouldn't show up.
            I miss you, Dave.
            http://www.odmp.org/officer/20669-of...david-s.-moore

            Comment


            • #7
              Originally posted by Hard Hitter View Post
              Please tell me you don't honestly believe that show is real.
              Did you see the episode where the cake boy hit on the judge and then crashed his motorcycle in the parking lot? That was definitely real....and hysterical to watch.

              Comment


              • #8
                Originally posted by IMPDNE View Post
                Did you see the episode where the cake boy hit on the judge and then crashed his motorcycle in the parking lot? That was definitely real....and hysterical to watch.
                That was the only episode I've seen.

                Comment


                • #9
                  Another BS law because a friend of a legislator got dinged an extra $200 for contesting a ticket that could have been mailed in for $200 rather than $400 day of trial. Kind of like the burnt material law/littering, stupid is is what stupid does another stupid law.

                  The General Assembly is flexing its muscles to say it did something this year. All while taking away authority, discretion and power of the Judiciary.

                  A day in court is just another day at work. Just think of all the things you will experience, hear and see while at the circus.

                  Comment


                  • #10
                    I hate it when I forget reading material at court.

                    You can only hear idiotic banter for so long.
                    Do your best, do what is right

                    Comment


                    • #11
                      At this point, the courts just want to see money. We were ordered to write ordinances all the time unless a state UTT was a must. Pretty soon city courts will be like "Cash for gold or Pawn shops". No money? No problem! We'll take that stolen snow blower!!!

                      Comment


                      • #12
                        Originally posted by IPDBrad View Post
                        I hate it when I forget reading material at court.

                        You can only hear idiotic banter for so long.
                        I keep an emergency magazine in my trunk, in the same box as my UTT copies. Just in case.
                        I miss you, Dave.
                        http://www.odmp.org/officer/20669-of...david-s.-moore

                        Comment


                        • #13
                          Originally posted by surfer View Post
                          A day in court is just another day at work. Just think of all the things you will experience, hear and see while at the circus.
                          It is too bad the officer seats don't face the public seating. I would be greatly entertained watching all the people sleep, talk on cell phones, and make out.

                          For the Marion County officers, how about the entertainment provided by the deputy that runs the metal detector? When I'm 60 I wish I'm half as bad*** as him.

                          Comment


                          • #14
                            Originally posted by CruiserClass View Post
                            Typical "defenses" in traffic court:

                            1) I did it, but I had a good reason.
                            2) I was only going 85 in the construction zone, not 86.
                            3) I did it, but the officer was rude.
                            4) Nuh-uh.
                            5) I've never gotten a ticket before, so this one shouldn't count.
                            6) I wasn't paying attention.
                            7) I Googled some information that says you have to let me off because...

                            and of course, the biggest one:
                            I was hoping the officer wouldn't show up.
                            Coworker of mine is in court today to fight two citations One was 55 in a 45, the other was imprudent speed for conditions. This was right after the snowstorm. Story he tells is that the officer was doing 50ish when my coworker passed him on the left. Duh

                            so, his excuses, in order as he told us he was going to present them. He said he plans to offer to plead guilty to the speeding if they drop the imprudent speed because....

                            1. I'm from Utah, so my idea of unsafe driving conditions is different
                            2. I just had new tires put on the Accord two weeks previous
                            3. I have the weather printout from the general aviation airport 1/2 mile away, which shows the weather was great, visibility was unlimited
                            4. I'm a trained pilot, with over 1,000 hours, so I know about traction limited conditions better than the officer
                            5. The officer had an attitude


                            I told him he literally has less than a snowballs chance in hell of getting out of either one, he'll be lucky if he gets through his offer, let alone his excuses He really thinks all of this might sway the judge Silly him.

                            Comment


                            • #15
                              Shortly before the merge I overheard a trial involving a Marion County deputy and a guy he stopped for speeding on Kentucky Av. The deputy said he got the guy on radar at 73mph. I don't remember which part of Kentucky Av it was, so I'm not sure of the speed limit. The guy's defense? He said that a deer was running parallel to the roadway and that was what the deputy got on radar, not his vehicle. The judge didn't agree with his story...

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