Excessive Late Fees - Kansas Constitution Bill of Rights §9
Kansas Constitution Bill of Rights §9 prohibits 'excessive fines.' Where parking citations have ballooned with late fees, collection fees, and admin charges to grossly disproportionate amounts (e.g., $15 meter ticket grown to $300+), the total may be challenged as excessive. State v. Hayes, 255 Kan. 425, applies a proportionality analysis. Timbs v. Indiana, 586 U.S. 146 (2019), incorporates the federal Excessive Fines Clause against states.
Legal basis
Kansas Constitution Bill of Rights §9; U.S. Const. Amend. VIII; Timbs v. Indiana, 586 U.S. 146 (2019); State v. Hayes, 255 Kan. 425
Sample appeal wording
TO: [Court] RE: MOTION TO REDUCE FINE - EXCESSIVE FINES CLAUSE Dear Honorable Judge, I move for reduction under Kansas Constitution Bill of Rights §9 and U.S. Const. Amend. VIII. FACTS: - Original fine: $[X] - Total demanded: $[Y] - Multiplier: [Y/X]x Under Timbs v. Indiana, 586 U.S. 146 (2019), and State v. Hayes, 255 Kan. 425, a fine grossly disproportionate to the offense is unconstitutional. The original violation was a minor regulatory infraction. I request reduction to original fine of $[X]. Respectfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Kansas Constitution Bill of Rights §9
- U.S. Const. Amend. VIII
- Timbs v. Indiana, 586 U.S. 146
- State v. Hayes, 255 Kan. 425