Firm Appeals Constantine v. Bass River To NJ Supreme Court

We have recently appealed Constantine v. Bass River to the Supreme Court.  That case involves the practice of 217 municipalities charging excessive fees for municipal court discovery.  (“Discovery” is the evidence the State has to prove you did something illegal.)  These fees range from $20 to $50, which results in people be charged $7 or more per page, a far greater sum than other public records.  Even worse, you have the constitutional right to know the evidence the State has against you – and to exercise that right, you have to pay these excessive fees.  The trial and appellate courts both acknowledged the fees were an injustice, but both held that the the lower court’s lacked authority to address these problems and called upon the Supreme Court to correct the practice.  The Court should hear the case and end this illegal revenue grab by New Jersey municipalities.

Mr. Constantine was charged with a 5 point driving violation when he insisted he was not speeding at all.  He faced a huge fine plus the loss of his company car privileges.  He asked Bass River for the proof that the radar gun used to allegedly measure his speed was accurate.  Bass River charged him $20 for the 3 pages of radar gun calibrations.   As it turns out, the radar unit was not properly calibrated and the State had no evidence to back up its claims.  Constantine then filed a class action, seeking that the towns return the excessive fees being collected.

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