Should our civil rights be a profit making venture?

[nicoleg]

My daughter was mailed a notice of infraction regarding a questionable right turn at a light on Broadway. This was apparently recorded via camera at that intersection. When she followed up with a phone call to make an appointment to contest this she was informed that she had to pay $3 to complete the call. This is absurd. The City of Seattle is establishing a new revenue stream based on a citizens right to appeal. Where will this lead? Can we expect additional calls to city services to begin charging us just to answer the phone?

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[Carson]

Is protesting a ticket a civil right? I thought driving was a privilege and not a right? Either way, I hope she gets the $3 back if she is found not guilty. If I had to guess close to 99% of those tickets are legit so maybe they are trying to discourage people. I know a few who have challenged the tickets and while the video showed them plainly guilty (rolling thru the light) they usually got the ticket cut in half.

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[nicoleg]

I am not contesting whether the ticket is legitimate what I am taking issue with is that the city charge someone $3 to contest the charge.

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[Carson]

Well, like I said, I don’t think its a civil right to be able to protest a ticket, but I might be wrong. I would have thought they might have an automated system to schedule that stuff. Do you also have to pay the $3 if you show up to schedule a hearing in person? Does the ticket have an option to mail it in to contest it? In other words, are they just charging for those that call on the phone?

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[Garden_nymph]

Sounds like any court filing fee…

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[metrognome]

I checked the city website (http://www.seattle.gov/courts/red_light/red_light.htm); there is nothing about a $3 fee altho that doesn’t mean there isn’t one. As your dtr has only 15 days to deal with this, she may want to follow the advice on the website: “If you have questions [about] your ticket, please contact Customer Service at 206-684-5600.”

Also, she was likely given the ticket for a rolling stop while making a turn:

‘NOTE: A complete stop is required before turning right at a red light. If you were ticketed while making a right turn, the police officer who reviewed the video and issued the ticket determined that you did not come to a complete stop before making the turn, as required by law.’

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[DP]

Carson said:

Is protesting a ticket a civil right?

Actually, it does appear to be a civil right, under the “due process” clause of the Fifth Amendment:

No person shall be deprived of . . . life, liberty, or property [i.e., their cash, as a result of a fine or other penalty] without due process of law.

Applicable to all cases, great and small.

I’ve never contested a ticket, but I always thought you could do that at no cost to yourself, even if you lost the appeal.

Something smells fishy about this $3.00 fee, nicoleg. Please let us know what you find out.

–David

 

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[dobro]

I have contested tickets before and if you actually show up to do it they usually will reduce it. I do think there are court costs involved which are waived when they reduce the ticket. This is my recollection and not to be taken as gospel.

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[EmmyJane]

Nicoleg- Two things. First, on the back of your ticket, there is a website link to where you can view a video of the infraction. We happened to go through this very situation about a month ago when my husband was ranting about how the dam traffic cameras don’t work because they fine you for taking a free right on red. I found the video link and got some “entertaining” footage of him blowing through the free right without stopping.

Second, I agree with Carson (wow, there’s a phrase I never thought I would use :-) )- I’m guessing there’s a “free” option for contesting the ticket, such as mailing something in or stopping by the office. Is it possible the $3 is a convenience charge if you decide to use a method other than the free one?

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[Yardvark]

Do they make that video website open to the public?

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[Carson]

I don’t think its public, well, I think you need to know what the ticket number is to view the video, you can’t just check them out at random. King5 did a piece on Lynnwood a few months back. Lynnwood has a ton of those cameras and writes lots and lots of tickets. When you go in to protest the ticket they have several ATM type machines you can see your infraction on before you go into the hearing. All the people King5 interviewed thought they got the ticket in error….until they watched the video…

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[Veteran Wisdom]

Did you try calling and listing to the recording? There is no fee to contest the infraction only to pay the infraction over the phone. Now onto the camera ticket… if your daughter says she was not the one driving, then she will be excused from the ticket. This is because the camera is only taking a picture of the plate not of the person in physical control of the vehicle. Use this knowlege as you see fit.

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[Carson]

Unless the camera catches you as well, and yes, as my wife will attest, it can!

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[JoB]

might be a good idea to watch the video first :)

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[Julie]

“Use this knowlege as you see fit.” I hope, not to set an example of lying, or to condone lying to avoid consequences.

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[nicoleg]

Wow! This is the first time I have posted on this blog – all great advice. Thanks!

1. Saw the video – there is no issue for me or my daughter whether she violated the law, she did.

2. It took several phone calls for her to get around the $3 service fee to just make an appointment to appeal the ticket, which she did.

3. My issue is with the service fee to just contest the ticket or speak to someone – same issue I have had with banks in the past – charges for every single transaction – what happened to customer service/personal attention without a fee attached?

Thanks all for feedback!

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