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cold
Lv 6
cold asked in Politics & GovernmentLaw & Ethics · 1 decade ago

Am I protected from expensive speeding tickets under the 8th Amendment to the Constitution?

I was pulled over for speeding recently, and I was immediately given a court date to assess my penalty. The court date is today, and before I go, I'm looking into all possible options I have if the ticket ends up costing me more than $150.

The 8th Amendment says, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

The excessive fines imposed part is what I'm interested in. I'm 20 years old, even $150 is a lot of money for me. And even if it weren't, the principle of the whole thing is that I just plain will not pay that much money for a simple speeding ticket.

It's surely an excessive fine, and the 8th Amendment is so simple that it needs very little scholarly interpretation.

8 Answers

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  • 1 decade ago

    $150 is about standard for a speeding ticket depending on the speed of the infraction and history of past tickets issued.

    This argument is not going to fly in front of a judge who hears (literally) hundreds of speeding ticket cases per week. He will either laugh at you or tell you to shut up and to stop wasting his time ranting about something you know nothing about. The amount of the ticket is set by statute based on the speed you were clocked at, and tens of thousands of those tickets are issued in your state each year. Just because you think its excessive doesn't mean your argument has any actual Constitutional basis to it. That is NOT an excessive fine.

    With any luck this will teach you a lesson to slow down, so you don't have to pay another ticket in the future.

  • Anonymous
    5 years ago

    The States see what is coming. They also know that our Federal government has grown way beyond its intended purpose, and is now grasping for more and more power, unchecked, at every turn. When the Fed starts to enact legislation that infringes on those rights reserved for the States, the States have a right and are righteous in fighting to preserve what is theirs. Without the States, the Federal government would not exist, and would have nothing. I think it is wonderful that some States are reminding the Fed of their role. Montana's steadfast conviction to enact and enforce their law starting October 1 is the modern day equivalent of the Boston Tea Party. It will be interesting to see how the Feds react, if they do, and if they go into Montana, it will be interesting to see what penalties Montana imposes on the Federal government and its agents. I suspect there will be monumental fines for the government, and modest prison terms for the agents. Montana rocks. Now come on Texas!

  • Anonymous
    1 decade ago

    You have every right to try and convince a judge that a $150 fine is excessive under the 8th amendment. Let us know how that works out for you, kemosabe.

  • WRG
    Lv 7
    1 decade ago

    No, $150 isn't going to be considered excessive fines.

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  • Teekno
    Lv 7
    1 decade ago

    No... $150 is not an excessive fine at all. It's three tanks of gas, look at it that way.

  • No, I would say the fine does not violate the 8th Amendment.

    PS Speeding really is dangerous. The fine is meant to emphasize that fact.

  • 1 decade ago

    Generally constitutional motions, unless obviously correct, must be appealed. Estimated legal fees to appeal all the way to the U.S. Supreme Court: $200K; or, you can represent yourself.

  • ?
    Lv 7
    1 decade ago

    You should try one of those 1000 dollar fines they have in Maryland

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