Carmel PD and Illegal Traffic Tickets

[Route 45]

Lawsuit: Carmel issued illegal traffic tickets - TheIndyChannel.com

Looks like Carmel has been writing traffic tickets under their city ordinance, without having actually written any city ordinances.

Might slow down the Carmel Highway Patrol on US 31 a bit.

 

[JollyMon]

I always knew kutnupe was up to no good

 

[jagee]

I always new kutnupe was up to no good

 

[BiscuitNaBasket]

 

[Mark-DuCo]

 

[Kirk Freeman]

Yep, just got a Reckless Driving tossed on this.

I would imagine Carmel will remedy this soon.

 

[T.Lex]

Yep, just got a Reckless Driving tossed on this.

I would imagine Carmel will remedy this soon.

That would require TPTB to acknowledge a mistake.

That'll be interesting.

 

[printcraft]

I always knew kutnupe was up to no good

Just doing his job........ for your safety........

 

[jsharmon7]

So Indiana set forth dozens of traffic laws and Carmel said "ditto." Ha!

 

[HoughMade]

C'mon...

https://www.indianagunowners.com/fo...62820-carmel-ind-politics-15.html#post6234728

 

[96firephoenix]

So the city cops were writing traffic tickets against an ordinance that said "see other" and nothing to do with traffic?

I guess I'm not sure what's going on here.

 

[Kirk Freeman]

I guess I'm not sure what's going on here.

Copy and paste going on.

 

[IndyDave1776]

Interesting. One wonders why they simply don't write up under the IC in this case. Do they gain anything for writing tickets under city ordinance rather than IC?

 

[T.Lex]

Interesting. One wonders why they simply don't write up under the IC in this case. Do they gain anything for writing tickets under city ordinance rather than IC?

As I recall, there is 1 of the splits of the ticket that stays in Carmel if written on an ordinance, rather than the IC. It isn't very much (as I recall).

Would still go to Carmel City Court. I think there are a couple other differences that go along with that, like the county prosecutor handles the cases, they are subject to the county deferral system, etc.

 

[danimal]

Just doing his job........ for your safety........

You wouldn't be playing the odds, would you?

 

[GodFearinGunTotin]

I always knew kutnupe was up to no good

 

[Fargo]

So the city cops were writing traffic tickets against an ordinance that said "see other" and nothing to do with traffic?

I guess I'm not sure what's going on here.

There is a state statute that says that local ordinances cannot duplicate state statutes. IC 36-1-3-8(8)

Carmel, and some other communities, decided to ignore that statute and pass an ordinance duplicating part or all of the state traffic code.

They then direct the police to stop writing tickets under the traffic code and to write them as ordinance violations in an effort to circumvent Indiana's constitutional provisions on ticket funds going into the Common School Fund.

What they did was plainly contrary to law, and they knew that. They just figured they would milk as much money out of the populace as they could before someone appealed them. Since such ordinances went into a city court, with limited rights of appeal, it took a while for that to happen.

A couple of weeks ago, the Court of Appeals ruled that all such ordinances were contrary to law and could not be enforced.

Carmel is now getting sued, as it should.

Some other communities will probably suffer the same shortly.

Some people really don't take their oaths of office very seriously.

 

[Woobie]

I always knew kutnupe was up to no good

You're doing it wrong, lol.

Kut (is up to no good)

 

[Woobie]

There is a state statute that says that local ordinances cannot duplicate state statutes. IC 36-1-3-8(8)

Carmel, and some other communities, decided to ignore that statute and pass an ordinance duplicating part or all of the state traffic code.

They then direct the police to stop writing tickets under the traffic code and to write them as ordinance violations in an effort to circumvent Indiana's constitutional provisions on ticket funds going into the Common School Fund.

What they did was plainly contrary to law, and they knew that. They just figured they would milk as much money out of the populace as they could before someone appealed them. Since such ordinances went into a city court, with limited rights of appeal, it took a while for that to happen.

A couple of weeks ago, the Court of Appeals ruled that all such ordinances were contrary to law and could not be enforced.

Carmel is now getting sued, as it should.

Some other communities will probably suffer the same shortly.

Some people really don't take their oaths of office very seriously.

How else are you going to pay for the reflecting pool?

 

[printcraft]

Revenue enhancement?!?!?!!?? I thought tickets were ONLY to enhance safety for the fine citizens of Indiana.

My world view is shattered.







SHATTERED I tell you!