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RobJohnson
11-27-2015, 02:53 AM
Interesting article:


It all started with a traffic violation. Antonio Green didn’t have a license and admits he shouldn’t have been driving. But when his mother’s 1994 Chrysler Sebring broke down at a Taco Bell near their home in October last year, he decided to drive over to fix it.


When he apparently failed to flash his turn signal at an intersection, a cop pulled him over just after 10:30 p.m. in his hometown of Lugoff, South Carolina, about 30 miles northeast of Columbia. The police officer placed Green in handcuffs and took him to the county jail, where he waited overnight until his mother posted roughly $2,000 in bail. One of the conditions of his release: Green had to wear—and pay for—an electronic monitoring bracelet. An unemployed construction worker who has five kids and lives on a monthly $900 disability check, Green couldn’t believe what he was hearing. “Pay for it?” Green says with disbelief. “I never heard of that.”


He heard correctly. In Richland County, South Carolina, any person ordered to wear an ankle monitor as a condition of bail must lease the bracelet from a for-profit company called Offender Management Services. OMS charges the offender $9.25 per day, or about $300 per month, plus a $179.50 setup fee, according to county documents obtained through a Freedom of Information request. If offenders don’t—or can’t—meet their weekly payments, they get sent back to jail. “People are pleading guilty because it’s cheaper to be on probation than it is to be on electronic monitoring,” says Jack Duncan, a public defender in Richland County. “It’s a newfangled debtors prison.”


http://www.msn.com/en-us/news/us/electronic-monitoring-has-become-the-new-debtors-prison/ar-BBnlTfa?ocid=spartandhp

SVPete
11-27-2015, 12:24 PM
This has to be a violation of the 8th Amendment (https://www.law.cornell.edu/constitution/eighth_amendment), any or all of its three provisions:


Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

FlaGator
11-27-2015, 03:25 PM
I had a DUI about 10 years ago and I was required to have a breathalyzer on my car for 2 years and had to pay to get it installed at $ 200+ and a monthly charge to down load the info and re-calibrate it at $79. No don't get me wrong, I deserved this but it made me wonder how people to don't make as much money as I do afford all the things required when they get a DUI. When it was all said and done it cost me nearly $30,000 and 30 days in jail.

Dori
11-27-2015, 03:40 PM
When it was all said and done it cost me nearly $30,000 and 30 days in jail.

Oh my. That's an expensive lesson and a real hassle. I remember driving home after having had a couple of drinks and could see a check point up ahead.

I got so nervous, knowing luck was not on my side, so I made a left turn into a gas station, put a couple of dollars in and then found a long detour home through housing tracts to avoid the check point.

Decided after that I would not do that again.

RobJohnson
11-27-2015, 06:04 PM
This has to be a violation of the 8th Amendment (https://www.law.cornell.edu/constitution/eighth_amendment), any or all of its three provisions:


Good point.

NJCardFan
11-27-2015, 09:56 PM
Driving without a licence used to be a ticket and a fine. Seems as though SC, like most states, is using traffic fines to supplement the state budget. I got pulled over one night and didn't realize my registration was expired(I thought it was the next month not the previous month). Now, I was fully prepared to eat the ticket even though I offered to have my wife electronically register my car and run it out to me(I was less than a mile from home). Cop said no can do. Fine, like I said, I was willing to eat the ticket for my own stupidity. But it didn't stop at a ticket. They impounded my car, 10PM on a Saturday, meaning I had to wait until Monday to get my car out of hock after I registered it and paid the fine. Total cost for the ticket: about $70. Total cost for the impounding and storage, $400. I'm convinced the city gets a kickback on this.

noonwitch
11-30-2015, 03:01 PM
I had a DUI about 10 years ago and I was required to have a breathalyzer on my car for 2 years and had to pay to get it installed at $ 200+ and a monthly charge to down load the info and re-calibrate it at $79. No don't get me wrong, I deserved this but it made me wonder how people to don't make as much money as I do afford all the things required when they get a DUI. When it was all said and done it cost me nearly $30,000 and 30 days in jail.


They end up bankrupt and on eternal probation, because not paying their fines is a violation of probation.

I knew a guy once who got a ticket for disturbing the peace. He did his 30 days instead of taking probation, because he said he couldn't afford probation, and if his wife posted bail, it would be money that could have been spent feeding the kids. He was between jobs at the time, which probably made that decision a little easier.

Karin
11-30-2015, 03:41 PM
These are nightmarish and outrageous punishments I'm reading here. NY treats their tickets like cash cows, too, especially in the small towns where they don't have much revenue. I observe all traffic laws strictly, because I want to keep my money. We have a relatively new texting law. Any money they hoped to make on it, they already spent. There's signs all over the place "It Can Wait...Texting Stop 1 mile ahead." I think there's some crony capitalism going on with the sign making company.

SVPete
11-30-2015, 04:09 PM
I had a DUI about 10 years ago and I was required to have a breathalyzer on my car for 2 years and had to pay to get it installed at $ 200+ and a monthly charge to down load the info and re-calibrate it at $79. No don't get me wrong, I deserved this but it made me wonder how people to don't make as much money as I do afford all the things required when they get a DUI. When it was all said and done it cost me nearly $30,000 and 30 days in jail.

Yeeee-OUCH!

One point of difference, if I understood the OP article correctly, the dude forced to pay for the tracking device had not been tried, yet. It was a "condition of bail".

noonwitch
11-30-2015, 04:11 PM
These are nightmarish and outrageous punishments I'm reading here. NY treats their tickets like cash cows, too, especially in the small towns where they don't have much revenue. I observe all traffic laws strictly, because I want to keep my money. We have a relatively new texting law. Any money they hoped to make on it, they already spent. There's signs all over the place "It Can Wait...Texting Stop 1 mile ahead." I think there's some crony capitalism going on with the sign making company.

I got a speeding ticket in Hamtramck last spring. I went to court on it. Because I have a clean record, I was given a plea choice to a non-points offense so that my insurance wouldn't go up. I took it, but the whole little city is one speed trap, and I think their budget is contingent upon the cops giving lots of tickets.

Highland Park and Sterling Heights do the exact same thing. The only good thing I can say about HP is that they also pull over semi trucks, which most PDs avoid because ticketing them is more work. Some of those truck drivers drive down Woodward, where the speed limit is 30, at 50-60 mph.