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Fargo speeding fines challenged BISMARCK, ND (Prairie Public) - An attorney is arguing that North Dakota's cities cannot charge higher traffic fines than the state does.

The North Dakota Supreme Court is considering the case. It involves Fargo day care worker Stephanie Sauby, whose lawsuit says the city overcharged her for five traffic offenses.

Federal Judge Rodney Webb has asked the state Supreme Court to rule on whether North Dakota law allows home-rule cities to charge higher traffic fines than the state does. A home-rule city has limited powers of self-government.

Bismarck attorney Monte Rogneby argued that Fargo has it wrong -- when it says a home-rule charter allows a city to impose the larger fines.

"Their power is limited," said Rogneby. "They have to follow state law, unless they've been given a specific grant that allows them to supercede state law. Where is the grant of power that would allow the city of Fargo to supercede the provisions?"

Fargo attorney Mike Miller represents the city of Fargo. He argues that state law and the state Constitution give home rule cities broad authority.

"No state statute specifically limits a home-rule city from setting traffic fines higher than state traffic fines," said Miller. "Fargo's traffic violation penalties supercede state traffic violation penalties within the city of Fargo."

The Supreme Court is reviewing the case, and will rule later.

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