Parking Tickets Covered By Eighth Amendment’s Ban On Excessive Fines

In a choice that figured out how to refer to both La Land slotxo and Magna Carta, the U.S. Ninth Circuit Court of Appeals decided on Wednesday that stopping tickets and charges must consent to the Eighth Amendment's prohibition on unnecessary fines. Despite the fact that the decision is just an incomplete triumph for the Angeleno drivers for this situation, it in any case makes a way for others to challenge civil fines as unlawful. 

This option to be liberated from exorbitant legislative fines isn't a relic consigned to the time of materials and parliaments, but instead it stays a critical defense against government misuse, Judge Kenneth Lee composed for the court. The legislature can't exceed its power and force fines on its residents without paying regard as far as possible presented by the Eighth Amendment. 

In Los Angeles, exceeding in a parking space causes a $63 fine, with over 70% of the fine channeled to the city's coffers. Be that as it may, if a driver neglects to pay the fine immediately, the city attaches punishments for late installment just as enrollment and assortment charges, which can inflatable to $181—almost triple the first fine sum. 

In the wake of getting a ticket for stopping at a lapsed meter, Jesus Pimentel recorded a legal claim in government court contending that the city's stopping tickets and charges disregarded the Excessive Fines Clause. As Judge Lee noted, similar to the next identified rights in the Bill of Rights, the Eighth Amendment was set up to shield the individuals from legislative overextend. 

Despite the fact that sanctioned in 1791, the Excessive Fines Clause was at long last applied to all state and nearby governments just in 2019, when the U.S. Preeminent Court collectively passed on its choice in Timbs v. Indiana. Accordingly, the Ninth Circuit held that the Timbs choice certifiably opens the entryway for Eighth Amendment difficulties to fines forced by state and neighborhood specialists. 

Since states and regions are limited by the Excessive Fines Clause, the Ninth Circuit went to another Supreme Court case to all the more likely decide when a fine turns out to be illegally extreme. In United States v. Bajakajian, the High Court held that relinquishing more than $350,000 for neglecting to report moving huge entireties of money on a worldwide flight would be horribly disproportional to the gravity of the respondent's offense. Bajakajian took a gander at the nature and degree of the fundamental offense just as the degree of the mischief brought about by the offense, which drove the Supreme Court to at last reject the criminal relinquishment as an infringement of the Excessive Fines Clause. 

Applying Bajakajian to the Los Angeles stopping tickets, the Ninth Circuit maintained the underlying $63 fine. While a stopping infringement is definitely not a genuine offense, Judge Lee composed, the fine isn't so huge, either, and likely dissuades infringement. Lee included that there is no genuine debate that the City is hurt on the grounds that exceeding stopping meters prompts expanded clog and blocks traffic stream. 

Lawyer Donald Norris, who speaks to the drivers, expressed that both the Ninth Circuit and the lower court disregarded proof that exceeding a stopping meter doesn't involve gridlock and that the city raised its stopping fine sum quite a long time after year not for reasons identified with dissuading outstaying meters, yet just to fund-raise for its overall reserve. 

In any case, the Ninth Circuit overturned the lower court's choice that maintained the late expense as sacred, and sent the case down to all the more likely build up the record. We don't have the foggiest idea about the city's support for setting the late expense at 100% of the underlying fine, Judge Lee noted, while Los Angeles didn't try tending to the legality of its late charge. 

Despite the fact that the judgment was consistent, Judge Mark Bennett just agreed in light of the fact that Los Angeles had just surrendered that the Excessive Fines Clause applied to stopping fines. In Bennett's view, Los Angeles was acting in a comparable limit as the proprietor of a private parking structure. Therefore, the city ought to have the option to for the most part structure its stopping rates, including by deflecting remainders and empowering brief installment. Not exclusively ought to Los Angeles stopping tickets be over the top by the Constitution, Bennett even asserted that applying the Excessive Fines Clause to the sorts of charges at issue inappropriately trivializes the Eighth Amendment. 

The Office of the Los Angeles City Attorney didn't react to a solicitation for input.

โดย: miniming [24 ก.ค. 63 11:36] ( IP A: X: )
Add to Facebook  Add to Twitter  Add to Multiply  Add to Google  Add to Blogger  Add to Live

คลิก เพื่อเปลี่ยนกลับไปแสดงความคิดเห็นแบบเดิม

ชื่อไฟล์รูปห้ามมีอักขระพิเศษ เช่น (#),(<),(>),(&) เป็นต้นค่ะ
ชื่อ / e-mail :    แทรกไอคอนน่ารักๆในข้อความ
e-mail :
ส่งอีเมลทุกครั้งที่มีการตอบกระทู้       (ใส่ Email เมื่อต้องการให้ส่ง Email เมื่อมีคนมาโพสในกระทู้)