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You got a ticket? Where does your fine go?

Started by jeffandnicole, May 10, 2016, 09:37:23 AM

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jeffandnicole

While related to NJ, this is probably somewhat true throughout the nation.

nj.com has a good story on where the money goes that you paid from a traffic ticket.  http://www.nj.com/news/index.ssf/2016/05/where_your_ticket_payment_money_goes_funds_new_jer.html#incart_river_home

In NJ, all traffic tickets are handled in municipal courts in the town where you got your ticket.  This is easy to understand if you were speeding in a residential zone and got caught by a township cop. It's a little harder to understand if you got a ticket on the NJ Turnpike in Deptford, NJ, and want to fight it...you and the State Trooper go to the municipal court in Deptford, even though there's no exit for the NJ Turnpike in Deptford and the state trooper barracks are located in a town 2 counties away.

In summary:
If you're given a ticket by a State Trooper, 100% of the fine (not including court fees and other ticket tack-ons) goes to the state.
If you're given a ticket by a township/boro/city cop, the fine is split between the municipality and the state or county (the article says county; a commenter may be correct in that the state gets the other half).

Within the article was an interesting link: https://www.judiciary.state.nj.us/mcs/mcsmemo/1_10_11_finesandpen_commonmv.pdf .  This shows all the various traffic violations, the range of fines, and whether the fine is doubled (65mph & construction zones), additional surcharge should be assessed, and if the fine is 'payable' (which I believe means you pay the court directly).

There's also a few surcharges that you pay when you get a ticket.  Thankfully, NJ isn't as obnoxious about this as some other states (California).  This in turns causes some minor confusion, although it actually benefits the violator. Using example figures here: If you receive a $85 ticket for speeding in a 65 zone, it's "doubled" to $145.  The surcharges and court costs aren't doubled which are included within the original $85; just the actual fine.


kalvado

And there is a great insensitive to local court to get more money for locality - so a lot of seat belt and parking on a highway fines.
Then there is an insensitive for the state to collect more from such reduced tickets - hence surcharges, fees, and - in case of NY - driver assessment program, which is a fee on top of fine, fees and surcharges.

Result? Enforcement has no reason to improve safety (patrol hot spots, etc), but is busy collecting fines. Safety matters!... a little bit.

Jardine

I don't know about current fining strategies across the nation, but I do recall in the 80s, Illinois spent ~ $10 for every dollar in over weight trucking fines  they collected.

I'd assume the states don't charge any local municipalities if collection costs exceed the value of the fines collected, but I can imagine as budgets continue to tighten due to redundant, wasteful, redundant,  fraudulent, redundant, stupid and redundant state spending, additional revenue streams will be needed, and charging municipalities for the difference between the value of fines collected vs the cost of collecting them will occur to state representatives sooner or later.

WashuOtaku

In North Carolina, all traffic fines (speeding, parking, etc.) go to local area schools.  As a result, actual fines are low compared to other states, but the court costs are high.

cpzilliacus

In Maryland, the only "moving" traffic violations that local governments may enact ordinances against are those that are enforced by automated devices (speed and red light cameras), they are not considered moving traffic violations and the insurance companies cannot easily find out about them.

Otherwise, counties and municipalities may not enact traffic laws, and as a result, all tickets written by any police officer goes to the state's general fund.  Only exception are overweight tickets - those go to a special fund in the state DOT. 

In Virginia, local governments may write traffic ordinances, and fine revenue for violations of  local laws goes to that local government. Fines from the violation of state traffic laws goes to the Commonwealth's Literacy Fund (purchases of textbooks and library books).  Only exception is made for overweight violations - as in Maryland, the fines from those go to a fund for the state DOT.
Opinions expressed here on AAROADS are strictly personal and mine alone, and do not reflect policies or positions of MWCOG, NCRTPB or their member federal, state, county and municipal governments or any other agency.

LM117

Quote from: cpzilliacus on May 22, 2016, 12:28:43 PMIn Virginia, local governments may write traffic ordinances, and fine revenue for violations of  local laws goes to that local government.

Yep, hence Virginia's reputation for fleecing it's drivers for revenue in places like Hopewell and Emporia strict speed enforcement in the name of safety. Local governments have leeway here. It's also one of the biggest reasons any attempt to raise the Reckless Driving threshold gets shot down in flames. Opponents of the attempts to raise the RD limit cited "a possible fiscal impact". Safety first, kids!  :banghead:

http://pilotonline.com/news/government/politics/virginia/bill-to-amend-va-s-reckless-driving-law-shot-down/article_1c957453-bab5-5df6-a209-c821f02e295f.html
“I don’t know whether to wind my ass or scratch my watch!” - Jim Cornette

slorydn1

Quote from: WashuOtaku on May 10, 2016, 04:08:52 PM
In North Carolina, all traffic fines (speeding, parking, etc.) go to local area schools.  As a result, actual fines are low compared to other states, but the court costs are high.

Yes, this.

The normal fine for a speeding ticket, for example, is only $10. In fact if you take the time to come to court and plead guilty, the judge will often (but not always) wave the fine and order you to pay court costs. It's all good until you get to the pay window at the clerks office and find out that it's $188.00 for the court costs.

NC's chart: http://www.nccourts.org/Courts/Trial/Costs/

Once there click the second link from the top. Use the District Court schedule and don't forget to add the $10.00 from the line about the Chapter 20 Fee (Chapter 20 of NCGS is the motor vehicle code) and the $5.00 service fee for the citation that you got (paper costs money too, lol).
Please Note: All posts represent my personal opinions and do not represent those of any governmental agency, non-governmental agency, quasi-governmental agency or wanna be governmental agency

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SP Cook

Quote from: WashuOtaku on May 10, 2016, 04:08:52 PM
In North Carolina, all traffic fines (speeding, parking, etc.) go to local area schools.  As a result, actual fines are low compared to other states, but the court costs are high.

Yes, WV has the same scam.  All fines (for anything) go to the county school board per the Constitution.  So the fine is virtually universally $5, with nearly $200 in so-called "court costs". 

Proof #4789 that all traffic enforcement is 100% about $$.

LM117

Quote from: slorydn1 on May 23, 2016, 03:40:21 PM
Quote from: WashuOtaku on May 10, 2016, 04:08:52 PM
In North Carolina, all traffic fines (speeding, parking, etc.) go to local area schools.  As a result, actual fines are low compared to other states, but the court costs are high.

Yes, this.

The normal fine for a speeding ticket, for example, is only $10. In fact if you take the time to come to court and plead guilty, the judge will often (but not always) wave the fine and order you to pay court costs. It's all good until you get to the pay window at the clerks office and find out that it's $188.00 for the court costs.

NC's chart: http://www.nccourts.org/Courts/Trial/Costs/

Once there click the second link from the top. Use the District Court schedule and don't forget to add the $10.00 from the line about the Chapter 20 Fee (Chapter 20 of NCGS is the motor vehicle code) and the $5.00 service fee for the citation that you got (paper costs money too, lol).

Ah, yes. NC's infamous court costs. I remember when I was living just outside of Goldsboro in 2008, a friend of mine got pulled over on US-70 near the Spence Avenue exit for doing 67/55. He was pissed when he found out that he still had to pay the high ass court costs even if he didn't show up in court (he didn't). He got on the phone to somebody at the courthouse and  :fight: with them over why he had to pay court costs even if he didn't show up. Obviously, he lost the war. The entertainment value was priceless, though.  :-D
“I don’t know whether to wind my ass or scratch my watch!” - Jim Cornette

vdeane

Seems to me it wouldn't be hard to prove unconstitutional.  All that would need to be proven is that the "court costs" aren't going to the school board and that they are higher than the cost the court incurrs over normal operations for that particular ticket (I would expect those costs to be 0 or nearly so; the court and judge will still be there regardless of whether any particular motorist gets a ticket).  Once those things are proven, the "court costs" are obviously part of the fine, and therefore unconstitutional.

As they are essentially a system to make people pay regardless of guilt, it might also be possible to get those shenanigans declared unconstitutional at the federal level.
Please note: All comments here represent my own personal opinion and do not reflect the official position of NYSDOT or its affiliates.

slorydn1

Quote from: vdeane on May 23, 2016, 06:42:28 PM
Seems to me it wouldn't be hard to prove unconstitutional.  All that would need to be proven is that the "court costs" aren't going to the school board and that they are higher than the cost the court incurrs over normal operations for that particular ticket (I would expect those costs to be 0 or nearly so; the court and judge will still be there regardless of whether any particular motorist gets a ticket).  Once those things are proven, the "court costs" are obviously part of the fine, and therefore unconstitutional.

As they are essentially a system to make people pay regardless of guilt, it might also be possible to get those shenanigans declared unconstitutional at the federal level.

Not sure how it is up there but here if you go to court and fight the ticket and somehow win, you don't pay the court costs or the fine. You only have to pay if you are found guilty (or responsible in the case of a traffic infraction).
Please Note: All posts represent my personal opinions and do not represent those of any governmental agency, non-governmental agency, quasi-governmental agency or wanna be governmental agency

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