Indiana Appears To Be The Harshest When It Comes To Traffic Violations

July 7, 2019
1645 Views

Almost everyone at one point time has gone over the speed limit. If you just go with the flow of traffic on the highway, you can easily end up going ten miles over the posted limit.

This could result in a fine, but in most cases, police do not care if you are over the posted limit by 5-10 mph, especially in non-residential areas.

But according to Indiana police, just five miles over the speed limit could result in something much more serious than a fine, they are talking about asset forfeiture.

Which means they could take your car.

After losing at the U.S Supreme Court, the state of Indiana still hasn’t given up its argument that there are virtually no Eighth Amendment limits on what it can seize using civil asset forfeiture.

In oral arguments before the Indiana Supreme Court last week, Indiana Solicitor General Thomas Fisher said the state’s position that it would be constitutional to seize any and every car that went over the speed limit—a line of argument that elicited laughter from the nation’s highest court last year—hasn’t budged.

“This is the position that we already staked out in the Supreme Court when I was asked by Justice Breyer whether a Bugatti can be forfeited for going over five miles over the speed limit,” Fisher said. “Historically the answer to that question is yes, and we’re sticking with that position here.”

The case that they are talking about is more serious than a simple speeding violation. They are talking about a drug-related incident.

The Indiana Supreme Court is now reconsidering the case of Tyson Timbs’ $42,000 Land Rover, and whether the state’s 2015 seizure of Timbs’ car after he was convicted of a drug felony violated his Eighth Amendment protections against excessive fines and fees.

In February, the U.S. Supreme Court unanimously reversed the Indiana Supreme Court’s ruling that Timbs could not challenge the seizure on Eighth Amendment grounds because the excessive fines clause had not yet been applied, or “incorporated,” to the states.”

Timbs is challenging this ruling in the SCOTUS, where they decide if Indiana is out of bounds or not. But the idea that just 5 miles over the speed limit could result in a loss of your vehicle, is just extreme.

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