From today's DR1 news....
8. Supreme Court clips AMET's wings
The Supreme Court of the Dominican Republic has declared Decree 798-02, as issued by the Mejia Administration, to be unconstitutional. As a result, the AMET traffic police can no longer determine the amount of a fine for violations of Law 241 that governs vehicle and traffic infractions. The Supreme Court decreed that only penal courts have the authority to impose fines, after deciding that Decree 798-02's Article 8, Paragraph J and Article 37 contradicted the nation's Constitution. According to Diario Libre, fines may only be levied if the case is submitted to a competent jurisdiction where the accused would be guaranteed the right to a defense. Article 37 of the Dominican Constitution says that only Congress can create or replace ordinary tribunals. In effect, Law 585 created the special traffic courts for infractions of Law 241, and it also created the Justices of the Peace. Officers that make an arrest for a traffic offense are obliged to submit the person immediately to a court.
Does this mean that if Amet stops me for talking on a cell phone or something equally benign, they have to drag me off to court immediately? What is the difference with being given a traffic ticket and "submit the person immediately to a court"?
8. Supreme Court clips AMET's wings
The Supreme Court of the Dominican Republic has declared Decree 798-02, as issued by the Mejia Administration, to be unconstitutional. As a result, the AMET traffic police can no longer determine the amount of a fine for violations of Law 241 that governs vehicle and traffic infractions. The Supreme Court decreed that only penal courts have the authority to impose fines, after deciding that Decree 798-02's Article 8, Paragraph J and Article 37 contradicted the nation's Constitution. According to Diario Libre, fines may only be levied if the case is submitted to a competent jurisdiction where the accused would be guaranteed the right to a defense. Article 37 of the Dominican Constitution says that only Congress can create or replace ordinary tribunals. In effect, Law 585 created the special traffic courts for infractions of Law 241, and it also created the Justices of the Peace. Officers that make an arrest for a traffic offense are obliged to submit the person immediately to a court.
Does this mean that if Amet stops me for talking on a cell phone or something equally benign, they have to drag me off to court immediately? What is the difference with being given a traffic ticket and "submit the person immediately to a court"?