Reprinted from

Wanted: Tickets with less sting

Joey McLeister, Star Tribune Minnetonka police officer Corey Schmidt pulled over and ticketed two cars on Hwy. 7 after they failed to move over a lane when another officer was making a traffic stop. Officers would welcome another option than a no-fine warning and a ticket topping $100, Minnetonka police Capt. Jeff Sebenauler said.

Drivers aren't alone in disliking the cost of traffic tickets. Cities are asking for something less pricey but more than a warning.

By LAURIE BLAKE, Star Tribune
Last update: February 27, 2008 - 9:00 AM

Police officers writing tickets for minor traffic offenses often face a tough choice: Let drivers off with a warning, or slam them with a fine of more than $100.

So they're banding together to ask for a less costly alternative, which some say is illegal now: a city citation.

A state surcharge of $72 has boosted the typical Minnesota speeding fine to well more than $100 -- in Hennepin County it's $142, in Ramsey $118, in Anoka $122 -- causing officers to think twice about ticketing drivers who exceed the speed limit by less than 10 mph, police say.

But speeding on residential streets -- rarely more than 10 mph over the speed limit -- is the very problem that neighborhoods most want handled. What's needed, cities say, is a lower-cost local ticket better suited for minor traffic offenses. And they are asking the Legislature to approve it.

"This is a way to give people a written warning with a sting," said White Bear Lake Police Chief Lynne Teller Bankes.

"You are going to give your law enforcement officer an alternative to hanging a $132 ticket on a single mom who is late for day care or work.''

Rep. Larry Hosch, DFL-St. Joseph, agrees. He has introduced legislation at the Capitol to make local tickets legal. House and Senate committees are conducting hearings on the proposal this week.

"There has been a general recognition that the state fines are extremely burdensome when it comes to minor offenses,'' Hosch said.

It's the attorney general's opinion that local traffic citations are now illegal because state law requires a uniform traffic ticket. But White Bear Lake and 60 to 100 other cities have made their own decision to issue them anyway.

Cheaper, not reported to state

In a February report to the Legislature, State Auditor Rebecca Otto found that cities and counties turned to using local tickets because they wanted to increase enforcement while lessening the financial burden on violators. The same report found that these local fines are not reported to the state, do not go on the driver's record and are not a significant source of income for localities.

Because the attorney general considers local citations illegal, Otto's office discourages the practice with a "finding'' when the state does local audits. But nothing in state law spells out penalties for the localities that use local citations, she said.

"We want people to follow the rules. It's important that we get this cleared up,'' Otto said.

Local citations and legislation to legalize them are endorsed by the Minnesota Chiefs of Police Association, the Minnesota Board of Police Officer Standards and Training, and the League of Minnesota Cities.

Officers would welcome an option somewhere between a no-fine warning and a ticket topping $100, said Minnetonka police Capt. Jeff Sebenauler. "I have heard frequently that officers feel the fines are to the point now that they really find it hard to give tickets out, especially if the person is somewhat indigent.''

Cities out to gain money?

Sen. Leo Foley, DFL-Coon Rapids, a former state trooper, agrees that fines are too high and should be corrected. But he does not favor local citations. Foley has introduced a competing bill that would specifically outlaw local tickets.

"Anybody can see that the purpose is to gain money, and as far as I can see, nothing else,'' Foley said. He objects to the state being cut out of the ticket revenue and to the fact that local citations do not go on the driver's state record.

In White Bear Lake, which began local enforcement in 1999, Chief Bankes argues that the local tickets don't bring in much money -- last year, the city wrote 186 $40 speeding tickets -- and do not deprive the state of money. "These are tickets that would never have been written before -- we gave warnings out for everything less than 10 miles an hour [over the limit],'' she said.
 

As for the objection that the offense does not go on a driver's record, Bankes said that if a driver gets one local fine, the police department keeps a record of it and issues a full fine to repeat offenders.

When state tickets are issued by cities, the municipality in some counties may get as little $15 after the state takes it share, said Anne Finn, assistant director of governmental relations for the League of Cities. And because the fines are so high, drivers are more frequently challenging the tickets in court, requiring more officers' time, Finn said.

"The residents are paying a lot when they are ticketed, and cities are spending a lot on enforcement and not being compensated,'' she said.

The city of Minnetrista recently discussed the issue and decided another lower cost enforcement tool would be welcome, said Minnetrista Police Chief Dave Kolb. "My office is very active in traffic safety. The only way to change driving behavior is to fine them.''

Tickets with a larger fine are often appropriate, Kolb said. "Our whole goal for citing anyone for anything is deterrence.''

But officers are human, Kolb said. "They are going to consider the amount of the fine.''

Laurie Blake • 612-673-1711