9, 2000, at the Interstate 10 scales near Toomey, LA, OOIDA member
Gary Ring was cited for bypassing the scales and fined $2,000
on the spot. Ring said he was innocent, but was ordered by the
deputy sheriff and the scale master to pay the entire amount by
cash, money order, electronic transfer or cashier's check. If
he didn't pay the $2,000, his rig and load would be seized until
he paid the fine.
but a year later, Ring sued the Louisiana Department of Transportation
and Development (DOTD) and its division of Weights and Standards
(W&S) for violating his and other truckers' constitutional
rights to due process. On Jan. 25, the judge at the 19th Judicial
District Court for the Parish of East Baton Rouge ruled that indeed,
this was unconstitutional. One of Ring's four attorneys, Madro
Bandaries, told Land Line the judge ruled the tickets could be
written, but it was unconstitutional for the state to demand payment
on the spot.
should know this," said Bandaries,"they should know
they don't have to pay these tickets on the spot anymore."
states as follows: "Whenever any vehicle or combination of
vehicles is found in violation of any provision of this Part or
any regulation of the department or secretary adopted pursuant
thereto, the weights and standards police officer or any state
policeman shall take the name and address of the owner and driver
and the license number of the vehicle and shall issue a violation
ticket assessing a penalty for such violation in accordance with
RS 32:388." The statutes also say "Upon issuance of
the violation ticket, the owner or driver shall pay forthwith
the penalty assessed with certified check, cashier's check, money
order or department approved credit card to the weights and standard
police officer or state policeman."