FOR IMMEDIATE RELEASE
MMA Alert: NMA challenges Massachusetts non-refundable court fees to fight tickets!!
The Massachusetts Motorcycle Association (MMA) learned through the National Motorists Association (NMA) that it has joined a lawsuit filed against the Commonwealth of Massachusetts to fight the policy of non-refundable court fees which are imposed in the event of fighting tickets.
The MMA strongly supports this action in the sense that any citizen of the United States is Innocent until Proven Guilty. While these fees are intended to go to a good cause, they are also in many cases higher than the fees actually imposed for the infraction (not counting potential longer-term insurance surcharges) and also restrictive to some who can’t afford them on top of the time off from work necessary to fight a citation.
The MMA has been in contact with the NMA and intends to enjoin this action on behalf of all Motorcyclists in the Commonwealth. Indeed in the past 2 years alone, the MMA, with the assistance of its General Counsel, Paul A Lancia, has assisted in fighting over 60 citations, defeating all of them. How many citations were not fought simply because the recipient couldn’t afford to do so?
MMA Chairman, Dave Condon, commented, “We feel it is important to support actions such as these. The NMA and the MMA have a lot of shared common concerns when it come to freedom of the road. The only difference is they do it on four wheels and we do it on two. Since the institution of these fees we have felt them unjust and may actually be a hindrance to those individuals seeking justice from our legal system. We applaud Attorney Ralph Sullivan and the NMA for taking the lead on this issue, and look forward to working closely with them one other common issues of concern such as red light cameras at intersections and right of way violations.”
MMA General Counsel, Paul A. Lancia added, “Non-refundable court fees that prevent Massachusetts motorcyclists from enjoying the same equal access to the law as the government not only infringes upon our fundamental rights, but places the powerful keys to justice in the hands of law enforcement. This will not do. It seems only fair and reasonable and good common sense that when a Massachusetts motorcyclist challenges a motor vehicle citation and prevails, any costs collected by the Courts to initiate this appeal must be refunded.”
Full text of the NMA announcement to its membership follows.
For More Information, see http://www.massmotorcycle.org or contact chairman@massmotorcycle.org
What's The Message Here?
The National Motorists Association is assisting in an appeal before the Massachusetts Supreme Judicial Court, challenging the state’s ability to charge non-refundable filing fees to defendants who simply want to contest a traffic ticket or parking ticket in court.
It all started when Belmont, Massachusetts attorney Ralph Sullivan found himself in the wrong lane in Salem two years ago. Sullivan fought his ticket in court and lost, but then appealed, and finally was found not responsible. Sullivan then requested a refund of his $25 initial hearing fee and $50 appeal fee, but was denied.
The case was combined with that of Vincent Gillespie, who sought to challenge a parking ticket, and had to pay $275 in non-refundable filing fees to fight his ticket all the way through appeal.
The NMA contacted Sullivan to offer assistance in the case. It was agreed that we should prepare what is called an Amicus Curiae brief, supporting and expanding on Sullivan’s own legal arguments against the filing fees. In particular, we wanted to make the case that the fees violate constitutional “due process.” The amicus brief was prepared, submitted to the SJC and accepted as a part of the combined case. (You can read the brief here.)
Attorney Sullivan appeared before the court on March 10th for “oral argument” with opposing Assistant Attorney General William W. Porter. (You can read a good account of the oral argument here, or listen to a podcast of the argument here. The oral argument of Gillespie’s attorney, William C. Newman, is here.)
Late in the proceedings, Chief Justice Roderick L. Ireland, who had previously remained silent, asked Porter, “From the perspective of the average Joe...what's the message here? You've got to pay to have your day in court…? Is that fair…?”
“I believe it is…” replied Porter.
Obviously, we beg to differ. How can $75 in non-refundable fees to fight a $100 traffic ticket or $275 in non-refundable fees to fight a $15 parking ticket possibly be fair?
The Court now will take time to consider all the oral arguments and review the filed briefs, and then deliver its ruling.
To quote our amicus brief, “The consequences of the Court’s decision on these appeals will materially affect the perceptions of citizens as to the purpose, fairness, legitimacy, and true justice inherent in the entire Massachusetts judicial system.”
We’ll see what message the court decides to send.