Posted on 01/04/2005 1:29:30 PM PST by Tarpaulin
CHATTANOOGA, Tenn. - A judge is offering traffic violators a choice: pay a fine or make a $100 donation to a tsunami relief charity.
Municipal Judge Russell Bean began the offer Monday and plans to continue it for at least two weeks.
"If they make this $100 donation to one of these programs like Red Cross or Save the Children, I will give them amnesty," Bean said. "I don't want to force this on them, but I thought this would be a good way for people to make a difference."
Miranda Cagle, who went before the judge on charges of running a red light, was delighted by the offer.
"Any time you get a chance to take a mistake and turn it into something good, it is a blessing," she said.
Defendants involved in accidents or charged with reckless driving are not eligible. And young drivers may still have to attend a driving course.
Some officials say Bean's gesture, though admirable, may not be legal.
"There is nothing in the city code that would authorize that," said Mike McMahan of the city attorney's office.
Democratic state Sen. Steve Cohen said a judge should not funnel city fines to charity without approval of the City Council. "It's not appropriate for judges to determine where fines go," he said.
The Tennessee Constitution limits city court fines to $50, though court costs and other charges can raise the amount.
I love this idea. Keep the Fine Money away from crooked local politician and Cops.
It is NOT his authority to give away the state's or city's money to a foreign country. In fact it is prohibited by the Constitution.
But then, what does any of these judges care about what is truly legal under our constitution??
They are desperately hoping to destroy at least the Second Amendment before the sheeple wake up!
Notice all of the whiners that their "treasure chests" don't have the driving privilege money put into them...
In fact, judges DO have discretion in these types of misdemeanor actions. If the judge notes that the entire reason for the whole traffic ticket system is punitive and corrective, that it is supposed to be a punishment to change behavior, and he believes his rulings serve that purpose, then it is TOTALLY appropriate...
Notice all of the public theives and public pickpockets that feed at the public taxpayer trough are the ones whining!
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but he is not giving them any money.......he has the discretion to impose a behavioral punishment or alternative sentence in lieu of fine or imprisonment......
If this isn't legal, then I guess all those sentences to do community service aren't legal either. Judges have a lot of leeway to impose punishment where the legislature hasn't mandated something, and I've heard some strange ones.
Fines from traffic tickets generally support the public defender's office. (How's that for a weird funding stream..?)
Giving away 100 dollars is a great way to save from getting points on your permit. I would do it every time. The money dosnt mean much , its the points that hurt.
But - this whole deal is that he is giving the defendants the CHOICE of the normal fine/costs/etc. OR a donation to this aid relief organization.
If he were strictly extracting fines and putting them directly into the aid package, then yes it would be wrong.
I need to go there to see if I can break that 205MPH
speeding ticket record and help the suffering all at the same time.
Nope - he still has NO Authority to STEAL (misappropriation of funds is still theft!) from the city.
no matter how liberal feel-good it is.
1. How is it government money? 2. And is it being given to a foreign country?
1. It isn't government money, only money that he's telling the offenders to give in lieu of giving it to the government. He could have sentenced them to community service or drivers training, which also would have deprived the government of the offenders' money. There's nothing wrong with that.
2. They were directed to donate to charitable organizations, such as "Red Cross or Save the Children." This is no different from any community service to be performed in concert with one of these organizations.
However, I could see the anti-Christian ACLU having a hell of a time with this if an offender gives to a religious charity doing work down there.
Work instead of fines is NOT a *personal* choice by the judge ... the option is written into their laws otherwise he could not do that either.
Like I said, you should see some of the freaky punishments judges have meted out, none of which were approved by the legislature. These stories cross FR once in a while. This is common for small offenses where the legislature doesn't specifically state punishment exclusive of any other.
If the same Judge had given the option of a fine or donate a like amount to the Red Crescent, you would be hearing a different tone.
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