Excessive Fines - Oklahoma Constitution Article II §9
Oklahoma Constitution Article II §9 prohibits 'excessive fines.' Where a parking citation has accumulated late fees, collection fees, and administrative penalties that are grossly disproportionate to the underlying violation - e.g., a $25 expired meter ticket that has grown to $400 with collection fees - the total amount may be challenged as constitutionally excessive. The Oklahoma Supreme Court applies a four-factor test (Tate v. State, 1998 OK CR 7) considering: (1) gravity of offense; (2) sentences for similar offenses; (3) sentences in other jurisdictions; (4) defendant's ability to pay. The U.S. Supreme Court extended the Excessive Fines Clause to states in Timbs v. Indiana, 586 U.S. 146 (2019).
Legal basis
Oklahoma Constitution Article II §9; U.S. Constitution Amend. VIII; Timbs v. Indiana, 586 U.S. 146 (2019)
Sample appeal wording
TO: [Court] RE: Citation #[CITATION_NUMBER] MOTION TO REDUCE FINE - EXCESSIVE FINES CLAUSE Dear Honorable Judge, I move for reduction of the total amount sought in this matter under Article II §9 of the Oklahoma Constitution and the Excessive Fines Clause of the Eighth Amendment to the U.S. Constitution. FACTS: - Original fine: $[AMOUNT] - Late fees added: $[AMOUNT] - Collection fees added: $[AMOUNT] - Administrative fees: $[AMOUNT] - TOTAL DEMANDED: $[AMOUNT] The original violation was a [DESCRIBE - e.g., expired meter] - a minor regulatory infraction with no public safety component and no harm to any person or property. Under Tate v. State, 1998 OK CR 7, and Timbs v. Indiana, 586 U.S. 146 (2019), a fine is unconstitutionally excessive when it is grossly disproportionate to the gravity of the offense. The current demand exceeds the original fine by [XX]x and is grossly disproportionate to a minor parking infraction. Further, [my income / financial circumstances - if applicable] makes payment of this amount substantially burdensome under the Tate four-factor test. WHEREFORE, I respectfully request the court reduce the total amount to no more than the original fine of $[AMOUNT]. Respectfully submitted, [NAME] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
Beat It writes this argument automatically
Scan your PCN — our AI checks if this ground applies to your specific ticket, drafts a properly-cited appeal letter, and submits it to the council on your behalf. Only pay if you win.
Scan my ticketSources
- Oklahoma Constitution Article II §9
- U.S. Constitution Eighth Amendment
- Tate v. State, 1998 OK CR 7
- Timbs v. Indiana, 586 U.S. 146 (2019)