posted on Dec, 2 2017 @ 07:03 AM
a reply to: Djarums
You'd think, huh? However, many municipalities have passed ordinances prohibiting the use of pennies as payment for traffic violations. And despite
the clear ignorance of the legal tender status by the US Treasury, these laws are rarely challenged legally. When an unchallenged ordinance remains
in place a local jurisdiction can enforce these laws without regard to their constitutionality or legal standing under federal law. In other words,
they can do whatever they want (sadly).
Now, in this particular case, here's what's likely to happen. The 'defendent' will likely be charged...and convicted...of disorderly conduct. And,
he will likely have to pay a fine (which he will not be allowed to pay in pennies, rolled or not). This, unless the DA decides to drop the charges,
which is pretty unlikely given the fact the 'defendant' is also a 'victim' and likely 'plaintiff' in a civil matter related to this case (even though
inadmissible). He will likely also be ordered to pay the original fine (also not in pennies) and any additional costs and/or late fees.
If he's wise, he will do all of these things without protest.
THEN...there's the possible criminal charge of assault (which the DA will likely not file) against municipal employee or agent on behalf of the
'victim', and the almost certain civil proceedings the 'plaintiff' will file (if he's got even half a brain) against the municipality for a whole
litany of things (assault, pain and suffering, public humiliation, lost wages, misconduct resulting in damage to real property or persons, willful,
Net result...'plaintiff' by a country mile, BUT...the municipality will likely not back down on their silly ordinance. If for no other reason, the
municipality will stand on the ordinance and disorderly in hopes of mitigating losses in the civil proceedings to follow (again, even though
edit on 12/2/2017 by Flyingclaydisk because: (no reason given)