Man Tries to Pay Fine With Pennies, Court Says NO, Issues Warrant

then we got no problem,, the man will win the ensuing lawsuits..
See? No actual accountability. Just paying more into the fucked up system to move a component of the system around in a maneuver designed to superficially appease the actual people they are working for.
 
so in re reading the town was going to take the pennies after he affixed his DL number.. but he refused.. hhhhmmmm

Why should he?

Would they have told him to affix it on paper currency?

No. They had legal basis to require THAT, either.

And it doesn't matter what the judge "thinks". His opinion is irrelevant when it comes to currency laws.
 
While, AGAIN, I applaud the guy's motive in paying his fine with pennies...


wouldn't the judge be able to find him in Contempt of Court?




Contempt of court is a court order which, in the context of a court trial or hearing, deems an individual as having been disrespectful of the court, its process, and its invested powers. Often stated simply as "in contempt" or a person "held in contempt", it is the highest remedy of a judge to impose sanctions on an individual for acts which excessively or in a wanton manner disrupt the normal process of a court hearing.

A finding of contempt of court may result from a failure to obey a lawful order of a court, showing disrespect for the judge, disruption of the proceedings through poor behavior, or publication of material deemed likely to jeopardize a fair trial. A judge may impose sanctions such as a fine or jail for someone found guilty of contempt of court. Typically judges in common law systems have more extensive power to declare someone in contempt than judges in civil law systems.

United States

Under American jurisprudence, acts of contempt are divided into two types.

Direct contempt is that which occurs in the presence of the presiding judge (in facie curiae) and may be dealt with summarily: the judge notifies the offending party that he or she has acted in a manner which disrupts the tribunal and prejudices the administration of justice. After giving the person the opportunity to respond, the judge may impose the sanction immediately.

Indirect contempt occurs outside the immediate presence of the court and consists of disobedience of a court's prior order. Generally a party will be accused of indirect contempt by the party for whose benefit the order was entered. A person cited for indirect contempt is entitled to notice of the charge and an opportunity for hearing of the evidence of contempt and to present evidence in rebuttal.

Contempt of court in a civil suit is generally not considered to be a criminal offense, with the party benefiting from the order also holding responsibility for the enforcement of the order. However, some cases of civil contempt have been perceived as intending to harm the reputation of the plaintiff, or to a lesser degree, the judge or the court.

Sanctions for contempt may be criminal or civil. If a person is to be punished criminally, then the contempt must be proven beyond a reasonable doubt, but once the charge is proven, then punishment (such as a fine or, in more serious cases, imprisonment) is imposed unconditionally. The civil sanction for contempt (which is typically incarceration in the custody of the sheriff or similar court officer) is limited in its imposition for so long as the disobedience to the court's order continues: once the party complies with the court's order, the sanction is lifted. The imposed party is said to "hold the keys" to his or her own cell, thus conventional due process is not required. The burden of proof for civil contempt, however, is a preponderance of the evidence, and punitive sanctions (punishment) can only be imposed after due process.

Contempt of court - Wikipedia, the free encyclopedia
 
I didn't find any law on the books saying he couldn't pay in pennies. Pennies are legal tender. The man paying the fine is being a jerk, but I don't see how he is legally in the wrong.
 
Why should he?

Would they have told him to affix it on paper currency?

No. They had legal basis to require THAT, either.

And it doesn't matter what the judge "thinks". His opinion is irrelevant when it comes to currency laws.

"I simply asked them if I would have to do just this if I were handing in $56 bill."

:lol: :lol: :lol:
 
Sho, that would definitely be pertainent if it could be proven that coins were not accepted forms of payment.

Perhaps this is a good reason to do away with the penny. I'd love for that to happen, personally. Then I could melt down all my pre-82's and take the copper profit.
 
so in re reading the town was going to take the pennies after he affixed his DL number.. but he refused.. hhhhmmmm

Except he ask them if he paid in one dollar bills would he have to do so and they had no answer. The Clerk nor the Judge get to make shit up based on feelings. And I suspect since we have not seen a repeat story this guy won when he went to court with his pennies.

Judges are not God. They have to follow the law. And they can and are reversed often. Good to know that in your case no matter what some Judge orders you to do you will blindly do it cause the Judge is always right. Wityh that attitude you don't deserve your freedom at all.
 
While, AGAIN, I applaud the guy's motive in paying his fine with pennies...


wouldn't the judge be able to find him in Contempt of Court?




Contempt of court is a court order which, in the context of a court trial or hearing, deems an individual as having been disrespectful of the court, its process, and its invested powers. Often stated simply as "in contempt" or a person "held in contempt", it is the highest remedy of a judge to impose sanctions on an individual for acts which excessively or in a wanton manner disrupt the normal process of a court hearing.

A finding of contempt of court may result from a failure to obey a lawful order of a court, showing disrespect for the judge, disruption of the proceedings through poor behavior, or publication of material deemed likely to jeopardize a fair trial. A judge may impose sanctions such as a fine or jail for someone found guilty of contempt of court. Typically judges in common law systems have more extensive power to declare someone in contempt than judges in civil law systems.

United States

Under American jurisprudence, acts of contempt are divided into two types.

Direct contempt is that which occurs in the presence of the presiding judge (in facie curiae) and may be dealt with summarily: the judge notifies the offending party that he or she has acted in a manner which disrupts the tribunal and prejudices the administration of justice. After giving the person the opportunity to respond, the judge may impose the sanction immediately.

Indirect contempt occurs outside the immediate presence of the court and consists of disobedience of a court's prior order. Generally a party will be accused of indirect contempt by the party for whose benefit the order was entered. A person cited for indirect contempt is entitled to notice of the charge and an opportunity for hearing of the evidence of contempt and to present evidence in rebuttal.

Contempt of court in a civil suit is generally not considered to be a criminal offense, with the party benefiting from the order also holding responsibility for the enforcement of the order. However, some cases of civil contempt have been perceived as intending to harm the reputation of the plaintiff, or to a lesser degree, the judge or the court.

Sanctions for contempt may be criminal or civil. If a person is to be punished criminally, then the contempt must be proven beyond a reasonable doubt, but once the charge is proven, then punishment (such as a fine or, in more serious cases, imprisonment) is imposed unconditionally. The civil sanction for contempt (which is typically incarceration in the custody of the sheriff or similar court officer) is limited in its imposition for so long as the disobedience to the court's order continues: once the party complies with the court's order, the sanction is lifted. The imposed party is said to "hold the keys" to his or her own cell, thus conventional due process is not required. The burden of proof for civil contempt, however, is a preponderance of the evidence, and punitive sanctions (punishment) can only be imposed after due process.

Contempt of court - Wikipedia, the free encyclopedia

He paid a fine OUTSIDE the court room. The Judge had no authority to issue an arrest warrant and no legal basis to find him in contempt either. His paying the fine in pennies does not interrupt or impede a COURT in any manner. It does not amount to disrespect to the Judge nor to the Courts.
 
Personally I think this is a terrific peaceful form of protest, but...I seem to remember persons attempting to pay their NY state taxes in pennies a few years ago were refused and that the refusal by the state was held up in court.
 
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He paid a fine OUTSIDE the court room. The Judge had no authority to issue an arrest warrant and no legal basis to find him in contempt either. His paying the fine in pennies does not interrupt or impede a COURT in any manner. It does not amount to disrespect to the Judge nor to the Courts.

thanks for your OPINION.

The above states that contempt doesn't have to be necessarily charged IN the courtroom. This is why I bolded INDIRECT CONTEMPT. It seems to me that the judge could very well find him in contempt since the very nature of the effort to get pennies from a bank IS made in full contempt of the judgement.

Now, again, I am aware of YOUR OPINION. What I'm interested in is something a bit more legally tangible than Y Pluribus Unum opinions.
 
thanks for your OPINION.

The above states that contempt doesn't have to be necessarily charged IN the courtroom. This is why I bolded INDIRECT CONTEMPT. It seems to me that the judge could very well find him in contempt since the very nature of the effort to get pennies from a bank IS made in full contempt of the judgement.

Now, again, I am aware of YOUR OPINION. What I'm interested in is something a bit more legally tangible than Y Pluribus Unum opinions.

And the Judge would be overturned and probably reprimanded if he did so, BUT hey thanks for YOUR Opinion as well.
 
Sho, that would definitely be pertainent if it could be proven that coins were not accepted forms of payment.

Perhaps this is a good reason to do away with the penny. I'd love for that to happen, personally. Then I could melt down all my pre-82's and take the copper profit.

the thing is, however, that this man was AT THE BANK and could very well have requested bills instead of pennies since there is no shortage of either. Indeed, his very actions, and the po9int that so many of us identify with, IS the open contempt of a person being vindictive with his legal punishment. I've already posted from the treasury where organizations CAN decide what to accept as payment. If I deliver a pizza to your house I do not have to take your 15 bucks in rolled pennies. I have yet to see conslusive evidence either way. And, as informative as are individual opinions...
 
And the Judge would be overturned and probably reprimanded if he did so, BUT hey thanks for YOUR Opinion as well.

I'm the ONLY one who has bothered to dig up and post evidence, dude. For real. Go discover something that supports your opinon besides bluster and pomp.
 
Your evidence does not say what your OPINION claims it says.

the fuck it doesn't. THIS IS WHY I BOLDED THE TEXT.

Like I said, if you've got something to add then go find your own fucking evidence instead of trying act like an expert on the shit I've been posting.
 
NO, you posted a law and then gave us YOUR opinion on what it means. But hey thanks for playing.

which, again, is about a thousand times MORE than anything you've brought to this thread thus far. so, thank YOU for playing.
 

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