Tuesday, July 3, 2007

Enough Already!

Just for the information of motorists in West Virginia, make darned sure you do not get pulled over.
The West Virginia State Supreme Court of Appeals reinforced a 1976 law that requires magistrates to assess court costs in each citation given to motorists, even on the same traffic stop. A single citation means $160.50 in court costs alone. These costs have more than tripled in less than ten years. Although technically unlawful, magistrate judges traditionally only levy court costs once regardless of the number of offenses. An Ohio County magistrate never collected court costs except in cases where the defendant was found guilty after trial. Court costs generally go towards funds that operate the regional jail system, running the courts themselves and other programs. However those convicted of minor traffic offenses feel gouged and rightly so.
It is easy to sit back and say if you don't want to pay the fine, don't do the crime. At some point almost every driver gets pulled over or ends up in an accident. Multiple offenses can mean that the most impoverished must choose between paying the fines and paying a bill or putting food on the table.
For the most part, magistrates and police officers show compassion. More warnings will be issued in lieu of tickets and magistrates will dismiss even more charges. This reflects an even bigger principle involved. When police and judges deem a law to be so harsh that they shrink from enforcing it, the time has come for the State Legislature to revise it. Every time a poor driver takes to the highways in West Virginia, he now lives on a thin margin.

Virginians even have it worse as the incoming Democratic leadership there raised court costs for traffic fines into the stratosphere. One bad traffic incident could take away an entire paycheck. We must change this law. Failing that, we must start to take into consideration the 8th Amendment that prohibits the levying of excessive fines. When the court charges an offender an amount beyond a reasonable balance with the severity of the crime, the government engages in extortion. Gouging traffic offenders clearly violates the rights of these states' citizens.

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