Doesn’t the imposition of surcharge fines for 3 yrs under threat of license suspension constitute a violation of the 5th amend.

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by Grant St. Jullian III

October 14, 2016

Asked 10/6/2016- Ingleside, TX

$300 speeding ticket paid, but I am being forced to pay, by threat of license suspension, additional moneys for 3 consecutive years. This is multiple punishments for the same offense.

Answer

Surcharges are not considered a fine, but a voluntary tax. You do not HAVE to have a driver’s license, but if you CHOOSE to obtain one, the State has decided to impose a tax on people who have certain convictions on their driving record. You will have to speak with a civil attorney about any class action lawsuit, and I will post your question appropriately.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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