Eighth Amendment

Constitutional Challenge to Indiana Oversize-Overweight Civil Penalties

In mid-2020, the Owner-Operator Independent Drivers Association, Inc., began receiving calls from members stating that they had each received notice in the mail of a maximum $5,000 civil oversize/overweight fine.  The fines were $5,000 across the board, no matter how serious the violation, no matter whether preventing the violation was in the motor carrier’s control, […]

When States Impose High Fines and Take You to the Cleaners

  Has a civil authority imposed a fine—or worse, threatened to (or actually) impounded your truck—because of an alleged violation? Has your vehicle or equipment been seized in a civil forfeiture action? Does the amount of the fine or penalty lodged against you seem to far outweigh any alleged offense? Does that fine or penalty […]