Well, yes, it is, when it is imposed automatically before conviction.
Matt Hanley of the Beacon News asks “Is a $500 fine too high for crime?”
A lawsuit has been filed by an Aurora resident challenging the city’s seizure policy.
The suit hopes to change the city’s policy, which allows police to seize the vehicles of people charged with certain weapons, drugs or prostitution offenses.
Aurora resident Edward Hermesdorf, 19, filed suit this month, after being stopped by police in September for a seat-belt violation. He was charged with having no valid driver’s license and no insurance, but police found that his passenger was in possession of marijuana.
So, what did they do with Edward’s car? You know, the guy whose passenger was apparently charged with a minor marijuana offense?
Following city ordinance, Hermesdorf’s car was seized by police. He had to pay a $500 city fine, plus towing costs.
Lots of folks out there don’t know about our onerous civil forfeiture laws, which basically allow confiscation of your property when you are charged with a drug offense. Yes, that’s “charged with”, not “convicted of”.
In Austin, it can take several months for a misdemeanor marijuana charge to be resolved, even in a case like this one where a dismissal is likely? (Why do I say it’s likely? Based on the limited facts presented, it sounds like it will be difficult for the state to prove that the driver was in possession of the dope.)
Anyone out there think they’d be forced to go pay the $500 plus towing immediately to get their car back? Bear in mind, as you bicycle around town, those overnight fees at the storage yard are going to add up if you wait for your case to be resolved.
So, you answer the writer’s question…is $500 (plus towing) too high a price to pay for crime?