Ninth Circuit Rules for Motorists in Traffic Ticket Appeal
Most people don't make a federal case out of a traffic ticket, but some people have no choice: Sahneewa Trimble is once such person.
If you are issued a traffic ticket on federal property, such as at Fort Lewis Army Base in Tacoma, you will have to go to federal court if you wish to fight the ticket. In some cases, you will have to appear in federal court even if you don't want to fight the ticket. That is because federal traffic matters are often not infractions that one might receive on state highways, but many federal traffic citations are "petty offenses," for which an offender could serve up to 6 months in jail.
In Ms. Trimble's case, she received six citations (some of them fairly serious). A U.S. Magistrate Judge in Tacoma dismissed two of the six citations, but the Magistrate imposed $25 penalties on three of the remaining ones. Not only had Ms. Trimble believed that she was excessively charged - more than other drivers who did the same thing on federal property that day - but she believed the $25 penalties were excessive, especially when others appearing in court on the same day were not assessed these penalties. Ms. Trimble appealed to a U.S. District Court Judge, who overruled her objection. Then, Ms. Trimble filed an appeal with the U.S. Court of Appeals for the Ninth Circuit over an amount in controversy of $75.
Last Wednesday, the Ninth Circuit reversed the District Court. Judge Berzon, writing for the majority, wrote:
"We reverse - demonstrating, again, that our Constitutional principles protect against monetary injuries large and small." In Ms. Trimble's case, the penalty fees were imposed on her arbitrarily based on the type of form on which the ticket was printed, and therefore the fees violated the equal protecton principles incorporated into the Fifth Amendment.
As Judge Berzon observed, the imposition of the fees were arbitrary enough that it would be akin to this: people who were issued with tickets on Wednesdays or who were issued tickets with black ink had to pay the fees, but people who got blue-ink tickets or tickets on Fridays would not have to pay the fees. Such an abitrary imposition of fees is irrational, and violates an individual's Fifth Amendment protections.
The case is United States v. Trimble, No. 06-30298, and the ruling in this case is one more reason why you should fight your traffic ticket!
