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Can local laws beat state laws?

  
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Can local laws beat state laws?

Postby elton » Sun Dec 18, 2011 6:20 am

Hi.

I received a traffic violation ticket today for not keeping the

inspection sticker up to date. I live in New York, and according to

NY DMV's website, I can be fined for $25-50(because it was

less than 60 days), and may be fined up to $55 for surchage fees

(I got the information from NY DMV's website).

However, I was surprised when I heard from the local court clerk

that I may be fined a 'MINIMUM' of $130 for the violation

($45 fine + $85 surcharge). Can local courts extradite state laws

like that? State laws always lose when they go up against federal

laws, and if the state court is not willing to extradite any laws to

local courts, I don't think local courts are allowed to do those kind

of stuffs. Please give me an answer.

Have a nice day.
elton
 
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Can local laws beat state laws?

Postby larry » Sun Dec 18, 2011 6:23 am

Local ordinances and laws can supercede, and exceed state laws if they meet and exceed state law. The same applies to state law v. federal law...
larry
 
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Can local laws beat state laws?

Postby herald » Sun Dec 18, 2011 6:34 am

The city can levy heavier fines for the same violation than the rest of the state, yes.
herald
 
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Can local laws beat state laws?

Postby dana » Sun Dec 18, 2011 6:44 am

hell no if they did co sheriff's would smoke pot while ohp just watched..lol lmao..lol
dana
 
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Can local laws beat state laws?

Postby broehain61 » Sun Dec 18, 2011 6:49 am

The fine is only $45, which falls within the range given by the state. The other $85 is, as you say, a surcharge, and not a fine. Can they do this? Yes. It's for various administrative functions that the local court has to do to process your ticket.
broehain61
 
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