Boston Attorney To Challenge Constitutionality Of Fees To Fight Traffic Tickets

March 7, 2011 9:58 PM

(credit: AP Photo/Dave Martin)

Filed under

Heard On WBZ NewsRadio 1030, Local, News, Watch + Listen

BOSTON (CBS) – A Boston attorney is set to go before the state Supreme Court this week to challenge the constitutionality of the fees imposed on drivers who are fighting traffic tickets.

Attorney Ralph Sullivan paid $25 to see a clerk magistrate and $50 to see a judge to fight a $100 marked lane violation he got in 2009. He was cleared of the violation, but he’s not letting the state off the hook.

WBZ NewsRadio 1030′s Bernice Corpuz reports.

“It’s the wrong way to derive money from the citizenry and to support the courts,” said Sullivan.

He wants his money back as a matter of principle, as he believes the fees are against the state’s constitution.

“Under our Massachusetts constitution, drafted by John Adams, in which Article 11 said Massachusetts residents should be able to obtain justice without having to pay for it, and that’s the essence of the argument that I’m making about this fee,” said Sullivan.

Boston Attorney To Challenge Constitutionality Of Fees To Fight Traffic Tickets

http://discoveringliberty.com/attorney-fund-pays-over-a-couple-of-claims-struggles-financially.html Attorney fund pays over a couple of claims, struggles financially | Discovering Liberty

[...] Boston Attorney To Challenge Constitutionality Of Fees To Fight Traffic Tickets A Boston attorney is set to challenge the constitutionality of the fees imposed over drivers who are fighting traffic tickets. Read more over CBS Boston [...]
sean

I hope this guy wins because I feel the same way. I know it’s just traffic court, but doesn’t Miranda say we will be provided an attorney if we can’t afford one…what’s the difference. You should at leat be given back the money if you win your appeal.
Cynic

In todays opinion poll it’s about 50/50 but I wish they had also asked how many would be discouraged from appealing even when they knew they had not committed the offence.
This would provide a more accurate measure of the Chilling effect of the Law.
polly

i agree with mr.sullivan i app ticket i rec’d in the mail 2 days after minor fenderbender issued by state police who did not arrive on scene until 15 mins after incident ticket stated i was following to (TOO) close thereby found responsible note the officers spelling on the word too. the only witness on scene was the other driver who stopped short as i waschanging lanes after glancing in mirror to see clear lane and starting to turn out into lane.if nothing else it should have been thrown on a technicality! charging hearing fees is a huge money making scheme for the commonwealth!! its awin/win for the state. does crimminal court charge felons charged w/ serious crimes hearing fees?? no they continue to fleece law abiding tax payers!!
http://boston.cbslocal.com/2011/09/21/states-highest-court-upholds-fees-to-appeal-traffic-tickets/ State’s Highest Court Upholds Fees To Appeal Traffic Tickets « CBS Boston

[...] court ruled in the case of a man who was issued a $100 citation by Salem police for failing to stay within a marked [...]