I Smell a Rat

So I've decided to take my chances in Court. Matt's law degree has come in handy after all, and he discovered that what Auburn is doing with the photo enforcement is actually against the law. It's not the photo enforcement itself that is illegal, but the amount that they are charging for the fine.

Please see RCW 46.63.170, subsection 2:

(2) Infractions detected through the use of automated traffic safety cameras are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120. Additionally, infractions generated by the use of automated traffic safety cameras under this section shall be processed in the same manner as parking infractions, including for the purposes of RCW 3.50.100, 35.20.220, 46.16.216, and 46.20.270(3). However, the amount of the fine issued for an infraction generated through the use of an automated traffic safety camera shall not exceed the amount of a fine issued for other parking infractions within the jurisdiction.

We looked up what your basic parking ticket is going for these days in Auburn, and we've discovered it is about $30. (Please see ACC 10.36.360).

I smell a stinky, stinky rat.

Sooooo, I'm going to go and argue first that it be dismissed because the amount of the fine, and thus the ticket itself, is illegal. Apparently there is some fancy schmancy legal name for this kind of government crookedness, the kind where they reach beyond the bounds of their authority, which I will be sure to memorize before my court date.

Isn't it amazing what people, organizations, and governments will do when they get greedy?

If my first argument doesn't work, then I will ask that I simply be required to pay the $30 that I should have been fined in the first place.

I've also discovered that there is legislation in the works against this entire process, and also several class action law suits in the State of Washington.

Shame, shame, shame on you City of Auburn and all of the other cities that are abusing this process. If you expect your citizens to play fair, you should too. You will get your full lecture when I show up for my court date.