Bismarck Tribune - North Dakota News - Woman sues Fargo over traffic fines

Woman sues Fargo over traffic fines

Feb 02, 2007 - 03:59:40 CST

By DAVE KOLPACK
Associated Press Writer

FARGO - A woman says this city has been breaking the law by overcharging people for traffic violations.

Stephanie Sauby, of Fargo, a day care worker, filed a lawsuit in federal court on behalf of all drivers who have paid fines for traffic violations in the city since Aug. 30, 2001. She seeks to have it declared a class action lawsuit.

"I believe that our pleadings we filed with the U.S. District Court speak for themselves," Mark Friese, one of Sauby's attorneys, said Thursday. "We're basically looking forward to the city's response."

Stacey Tjon, an attorney for the city, said it was too early to comment on the complaint. She said the lawsuit is complicated by three alleged constitutional violations.

"We're just beginning to comb through it," Tjon said Thursday.

The August 2001 date was selected because it is when retired District Judge Norman Backes ruled that Fargo's traffic fines could not exceed those authorized by state law, and two other district judges issued similar rulings in July 2006 and January 2007, the complaint said.

Sauby said she was overcharged five separate times, beginning with a February 2003 violation for failure to have her vehicle under control. She said she was fined $60, twice the maximum fee allowed by state law.

Twice she was ticketed for not wearing her seat belt, in August 2003 and June 2004 - both $40 fines. State law calls for a $20 fine, the complaint said.

Sauby also said the city overstepped its bounds on two $40 speeding tickets. She said she should have been fined $9 for a September 2003 violation and $13 for a January 2006 violation - each amount equaling the miles per hour she was driving over the speed limit.

Timothy Purdon, an attorney for Sauby, said drivers who received traffic fines since August 2001 will be notified only if the class action is certified.

"At that point, they can either do nothing or opt out," Purdon said.

News > State

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Comments

Crazy Eddie wrote on Feb 9, 2007 11:42 PM:

" Yes, having 2 tickets for failure to wear a seatbelt DOES make her a bad driver. It is a proven fact that you have better control in an emergency (failure to have control sound familiar?) So does 3 other tickets in a couple years. Many people go 40+ years without so much as a parking ticket. Sure they may speed occasionally, but a couple miles over out in the country is different than 13 over in town. Gotta have some common sense. "

to jeez wrote on Feb 9, 2007 3:54 PM:

" Maybe you should read the state law before talking about it, you'll be a little embarassed once you have. "

Get a life and leave her alone wrote on Feb 9, 2007 11:31 AM:

" How many of you ill comented people haven't had a traffic ticket in the last 4 years? or even in the last year for that much. And to cop an attitude because she operates a day car and got a traffic ticket. Come off it, we have senators in our country getting in trouble over trying to meet underage girls on the internet and but this woman shouldn't run a daycare cause she speeds and doesn't wear HER seatbelt. (Ooohhh what a horrible offense she committed) Get a life and worry about real problems instead of harping on this woman that is just trying to save herself and alot of other people some money. People that make negative comments about a person like this when there is so much worse stuff going on in our society in my eyes are pathetic. "

Dokee Do wrote on Feb 8, 2007 11:57 PM:

" The City of Fargo isn't breaking the law, they are doing what they can do under the law. Do your research. Unfortunately for her, she is taking this on with a "storied" driving record which of course will make big news in ND. Lets concentrate on those sexual offenders moving to Mandan...cozy livin there I hear! "

ml wrote on Feb 8, 2007 1:49 PM:

" I can't believe all the comments about how she must be the worst driver in the world because of these tickets. First of all, 2 of them were for not wearing a seatbelt. While the law does require seatbelts, not wearing one does not automatically make someone a bad driver. The 2 speeding tickets were only 9 and 13 miles over the speed limit. I am normally quite concisions about not going over the speed limit, but I know there are times when it happens. Can anyone say they've never gone over the speedlimit at all? Doubt it. The failure to have her vehicle under control, who knows what it was for. Possibly it was something really bad, but none of you know exactly why she was charged with that, so how can you sit and make the assumptions you are? You say she should quit breaking the law and the fines wouldn't be a problem. Shouldn't the city of Fargo also quit breaking the law? "

Record wrote on Feb 8, 2007 1:02 PM:

" Statewide: 4 speeding citations, 2 seatbelt citations, 1 traffic control device citation, and history of being suspended. Sounds to me like a habitual offender................ "

KKL wrote on Feb 8, 2007 10:32 AM:

" All of you make excellent points for both sides, but isn't the bottom line that she should not break the law and then she would not have to worry about these fines? Also, these fines are doubled and cost her a little more, but what is it going to cost her (and us the state taxpayers) for this lawsuit? "

Jeez wrote on Feb 8, 2007 8:52 AM:

" I'm not sure why everyone is jumping all over this woman. On one hand, yes it might be a frivolous lawsuit...on the other hand, I know I would certainly be ticked if I got pulled over and the cop charged me whatever he felt like instead of obiding by state law. It affects all of us. Also, she has had 5 faily minor offenses in the last 4 years. I know people that get that many tickets in 1 year. I'm not saying she shouldn't maybe slow down but maybe she got pulled over for going over by like 3 mph or something. Its not like she's some meth head (that I know of). If they are overcharging people, it should be exposed. As for what people are being charged in other states...I don't care...this is ND state law.... "

The Prince wrote on Feb 7, 2007 11:59 PM:

" Firstly, the daycare thing...she should well be outta business after her ludicrous garbage. Secondly, Friese is getting some money but the bottom line is research. Home Rule does rule when it comes to the ability of a city to assess its own fees in traffic violations. The Judge quoted is wrong! This isn't Class A or Class B misdemeanors, it deals with primarily infractions. It is well within a home rule city power to establish fees that are higher than the state. The Fargo attorney is wise to seek this as a "black and white" clarification to the rule but, in essence, that rule or power already exists. It is already established in case law. I could have worked for that judge and "advised" of the correct decision for a small fee!!! "

ddodle wrote on Feb 7, 2007 6:53 PM:

" If it was'nt for the first lawyer, we would'nt have need for a second. "

Shawn wrote on Feb 7, 2007 4:57 PM:

" Good example set by a daycare provider. I hope she is not receiving these speeding violations with other people's children in her car. I also hope she pays better attention to buckling other people's children then she does herself. "

paw wrote on Feb 7, 2007 3:58 AM:

" I am for a class action law suit if it has merit for all who've been victimized, but not for fines of breaking the law. Sorry, have to agree, this person would not be taking care of my child nor do I want to meet her when an accident she caused isn't her fault either. ND's fines, in city and generally are low and sometimes cheap enough people will risk breaking because fines don't hurt enough. I agree w/the person who wrote seatbeat compliance should cost $100 an infraction and we'd have compliance in ND. I want to live here, where our cost of living is less but I also don't want to hearing whining when breaking the Law "wasn't My fault". as a parent, we don't allow that excuse from our teens and from an adult, makes me ill....Grow up, take responsibility!! "

Mike R wrote on Feb 6, 2007 8:46 PM:

" Luke: ARe you sure about that? If you are correct, then why did the Fargo City attorney (one of the most respected attornies in the state) go to the legislature and ask them to pass a law which would allow cities to set thier own fines? If it was already allowed by law, why would a City Attorney do something like this? Obviously there has to be something to it. "

Luke wrote on Feb 6, 2007 8:32 AM:

" Each city is allowed to set the fines as high as they want but there is a law on how low the fine can be. I am surprised that the attorney didn't know this and took the case. He needs to do some research and then back out of this case and save face. "

Mike wrote on Feb 5, 2007 2:53 PM:

" How about not breaking the law? "

B in M wrote on Feb 5, 2007 11:08 AM:

" Bismarck must be like that to. My wife got a ticket a few years ago and the fine was twice what the back of the ticket said it should have been. "

See the light wrote on Feb 5, 2007 9:15 AM:

" Stephanie Sauby ti breaking the law not once but many times. Where does this put her? A criminal? Fines seem not to work with her may a little time in the county motel to think about her actions. "

THU wrote on Feb 5, 2007 9:09 AM:

" The attorney took the case because of the $$$$$$$$. "

Rick wrote on Feb 5, 2007 9:08 AM:

" I hope her attorney is not over charging her or he will be her next law suit. "

WWW wrote on Feb 5, 2007 9:06 AM:

" Stephanie Sauby should not be allowed to live in any community. "

nodakman wrote on Feb 4, 2007 12:47 PM:

" It's interesting that since this story was first printed the Fargo city Attorney is at the legislature asking for a new law to give cities permission to do what they are allready doing. Sounds like an admission of guilt to me. Money grubbing FARGO!!! "

Mike R wrote on Feb 4, 2007 10:40 AM:

" First off, Beesh: You are WAY wrong in your understanding of the law. The fine for traffic offenses are pretty much carved in stone for each jurisdiction. If the fine for running a stop sign is $40 in Fargo and you are found guilty, you will pay $40 and it does not matter one tiny bit if it is your first offense or you twenty fourth offense. The Judge cannot under any circumstances fine you more than the statutory amount set in the law - no matter what. Now as to whether Fargo has the authority to set thier own fines - I have mixed feelings on that one. Yes I do believe in home rule cities rights to set fines, but it makes for such huge inconsistancy. If you get stopped for no seat belt in West Fargo - $20. If you get stopped in Fargo - $40, just for crossing that imaginary line between towns - but that only applies if you are stopped by a Fargo PD officer. If you are stopped by a Deputy Sheriff - $20. If you are stopped by a highway patrol - $20. If you are stopped in the exact same spot by a Fargo PD 0fficer - $40. If you are stopped a few feet west by a West Fargo PD officer - $20. The fact that the fine amount depends on who the arresting officer is makes me think it is not such a good idea. Getting stopped for a law violation shouldn't be like a roll of the dice for your fine amount. That just has the appearance of being not right. By the way, I do strongly believe that this woman needs to learn how to drive within the law - but that is a seperate matter. "

Ted Underhill wrote on Feb 4, 2007 10:27 AM:

" To John Coctostone: I was told there would be no math on these forums...much less algebra. Quit trying to confuse everyone with your fancy equations. "

Crazy Eddie wrote on Feb 3, 2007 9:00 PM:

" If you keep getting tickets, they must not be high enough. Localities need to be able to raise tickets to discourage reoffending. I don't see how a $20 ticket in one area makes it a law everywhere. Going 20 over the speed limit on the interstate in Golden Valley County is not as dangerous as going 20 over in Fargo traffic. They have to be able to have some authority to maintain safe roads. As for seatbelts, if the road is paved, the fine needs to be $100 or more for failure to wear it. 5 tickets in as many years is a sign odf someone that needs to have their license revoked before they kill someone. "

hope wrote on Feb 3, 2007 8:54 PM:

" I hope the parents who have thier kids at her daycare read this and pull thier kids out. She sounds to me like an accident waiting to happen, just hope she does not have any kids with her when she does. "

Wondering wrote on Feb 3, 2007 4:49 PM:

" Hey Joe: You can criticize lawyers all you want! They're laughing all the way to the bank! ( And I love to spend it). "

Deb wrote on Feb 3, 2007 4:01 PM:

" My true hope for the outcome of this class action would be the movie "Fargo II: This Time, It's for Real" starring Steph Sauby as the wayward multiple misdemeanant and Mr. Purdon and Mr. Friese as the quirky, but competent attorneys who save the day. Of course, I'd hope that the woodchipper could somehow reprise its role. "

John Coctostone wrote on Feb 3, 2007 6:20 AM:

" If the state has a law that says cities can't fine me above $X, what right does the city have to fine me $X+$20? Why do I have to follow the law, but the city doesn't have to? What kind of an example is the city setting for citizens if it's the state's worst law-breaker, and it's profiting off of it's law-breaking? Why is it that a private citizen has to make the city follow the law? Why didn't some one in law enforcement -- maybe the attorney general -- make the city follow the law? Don't we elect and pay people to do that? "

Incredulous wrote on Feb 3, 2007 12:56 AM:

" Why is your daycare provider driving your kids around town? Also, calling the lead plaintiff lazy is mean-spirited and shows a complete lack of understanding of the class actions. The primary goal of class actions is to punish the unfair practices of the defendant, not reap a large payday. How many of you have been notified that you were a class member for a cell phone company? Once it was settled, what did you get? A $25 voucher for mobile phone equipment? I got a few free movie rentals from a multi-million dollar settlement of a class action against a movie rental company. And I didn't even redeem them. Because my only participation in the class was reading a piece of mail informing me that I had the right to opt out, which I threw away with the rest of my "junk mail." I lost 2 minutes of my time and failed to redeem $7.50 in free rentals. My gain could have been about $10. The loss of the attorneys could have been millions. "

Incredulous wrote on Feb 3, 2007 12:50 AM:

" I can state for certain that attorneys do not typically collect one-half of the award. As with many lawsuits taken on contigency, the award is typically between 20-30%. And, if the suit fails, the attorneys bear all the risk and the clients lose nothing but a little time. The amount of investment that goes into a class action suit is unbelievable. One class action suit I'm familiar with required the review of 15 million documents. It took about 40-60 attorneys 10 months to review these documents, working normal work weeks of at least forty hours. Time is money to attorneys. That kind of risk is more than most people can fathom. Millions of dollars could have been lost. "

Not too bright wrote on Feb 2, 2007 10:27 PM:

" The state sets the minimum guidlines for what the fines should be. Each individual city in North Dakota is allowed to go from there as to what their fines will be. Maybe she should learn more about the law before she goes and tries to sue. Her lawyer saw someone with sucker written across their face! "

Seems to me wrote on Feb 2, 2007 10:26 PM:

" she is just lazy and doesn't want to take responsibility for her actions. If my day care provider had a driving record like that, I guarantee my child would be pulled out of her daycare the same day this story was posted. "

Boyd Buford wrote on Feb 2, 2007 4:35 PM:

" Why all the hububaloo? Tim Purdon is only defending the woman. It is an American right, like John Adams. "

Joe wrote on Feb 2, 2007 3:08 PM:

" Attorneys are all blood suckers. In a class action lawsuit, the attorney's get one half of the award. "

Rude Driver! wrote on Feb 2, 2007 3:04 PM:

" Maybe, Stephanie Sauby should just hang up the phone and drive! "

Karen T wrote on Feb 2, 2007 3:01 PM:

" Count your blessings. I live in Michigan and received a $120.00 fine for going five miles over the speed limit! "

Billy Ray wrote on Feb 2, 2007 2:35 PM:

" I can't believe the personal attack on Tim Purdon. Doggone it, he's just a straight shooter out to help people. "

Dakota wrote on Feb 2, 2007 2:07 PM:

" I believe many that have responded have missed the point. If a bank charged higher interest and fees than the law allowed...would you just agree to pay it? It is imperative that Cities/state Government follow the law, if indeed they are overcharging, it is not lawful and it cannot be ignored. I'd bet if the IRS made people pay more in taxes than the law required something would be done...or would we all just shut up and pay? Good luck Mr. Friese, it's not a frivolous action, if the collection of fees is not lawful. "

rusty wrote on Feb 2, 2007 2:05 PM:

" Tim Purdon is just another Attorney trying to make money of a form of government. He will make 50% of what is collected from the city of Fargo. He could care less what is right or wrong. Maggots! "

cubanita wrote on Feb 2, 2007 2:03 PM:

" Here's a tip... LEARN HOW TO DRIVE. Wear a seat belt, pay attention to the posted speed limit and it won't be an issue. "

Former ND Resident wrote on Feb 2, 2007 1:49 PM:

" Justice, you are correct. Now that you bring up that name, I remember who he is. He's a JAG in the National Guard if memory serves me correctly. There was a running joke of those who know him that he can get any DUI driver off. He is one of the best attorneys in the state. Not the best poker player though... "

Justice wrote on Feb 2, 2007 1:30 PM:

" Remember this post... Don't understimate this attorney, Mr. Friese. He wouldn't have taken this case if it weren't without merit. He is the best there is. I don't care about the driving habits of one particular individual. If the city of Fargo is overcharging for minor traffic violations, they should be exposed. "

Former ND Resident wrote on Feb 2, 2007 12:51 PM:

" The issue isn't whether or not you should follow the law. There is no dispute over that. The issue is whether or not people are being fined too much for breaking the law. Obviously we are not dealing with a model citizen here, however, what about the people who just make a mistake? I know I certainly didn't make an illegal turn on purpose. If they are charging too much for their fines, then something should be done about it. "

I_Hope wrote on Feb 2, 2007 12:45 PM:

" I would hope that if she has that many infractions that she is not allowed to drive the day care kids around..... "

Shocked wrote on Feb 2, 2007 12:34 PM:

" Learn how to drive. If you didn't drive like an idiot you wouldn't get pulled over! Wow, I haven't been pulled over that many time in my entire life a she has in the last 5 years. Get a life, I hate people who sue just to sue. Don't say it's for all the people, you are only doing it to benefit yourself, stop driving like a moron and you won't get ticketed! Driving Dumb = Tickets "

dubbles wrote on Feb 2, 2007 12:03 PM:

" Iam surprised an attorney actually took this case. I can say without a doubt there will be no class action lawsuit. Ms. Sauby should have her drivers license reviewed and maybe suspended. There is no reason why people cant follow the law. "

Say What?? wrote on Feb 2, 2007 11:10 AM:

" Maybe the state outta pay a wage like you can recieve anywhere else in the world! Then 40 bucks wouldn't matter to me either!! "

Former ND Resident wrote on Feb 2, 2007 10:34 AM:

" To Former ND Resident Living in AZ: Cost of living is much higher down here too. You're comparing apples and oranges. I just bought a house for $300,000 that back home would have went for $120,000. I agree she should learn how to drive, but it's a class action suit, so it affects more than just her. "

Former ND Resident Living in AZ wrote on Feb 2, 2007 10:16 AM:

" Speeding fines down here start at $105.00 and go up from there. She should just shut up and pay her fines and stop braking the laws!!!!!!! "

Former ND Resident wrote on Feb 2, 2007 9:01 AM:

" While I agree with Hmmm...., I also agree with what she was doing. I was given a ticket for $60 for making an illegal turn. I had never driven in Fargo (downtown Fargo, no less) and there weren't any street lines where I was making the turn. I suppose I could have fought it, but I didn't want to make the trip from Mandan. I wouldn't mind see $30 back... "

Beesh wrote on Feb 2, 2007 7:36 AM:

" It appears Stephanie Sauby has a checkered past of not obeying the law. It was my understanding that the fine amounts are a general guideline dictated by the state not what the fine must be. It is up to the disgression of the court to set the actual fine. In this case, if Ms. Sauby became a repeat offender and abusive to the court, the judge could have set the fines WAY higher. "

JD wrote on Feb 2, 2007 7:35 AM:

" Give me a break. Maybe she should try to obey the law and drive a little better. I would like to see idiots like this pay even more for their stupidity. What is "Failure to have your vehicle under control"? Obviously this woman has a problem. If you break the law, you should pay for it. If you con't accept that, the switch to a bicycle. "

Hmmm... wrote on Feb 2, 2007 7:14 AM:

" Maybe she should quit breaking traffic laws. "

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