Saladrigas v. City of O’Fallon

Class action filed as to constitutionality of city ordinance which authorizes city to impound a motor vehicle used to commit certain offenses, including DUI, and provides for a $500 charge to owner of any vehicle impounded under the ordinance. Towing and storage fees and penalties may also be imposed. Ordinance's $500 charge is a fee, rather than a fine. Due process requires that a fee be in an amount that bears some reasonable relationship tot eh actual costs the fee is intended to recoup. Court erred in granting summary judgment for city on basis that ordinance provided for a fine. (MOORE and OVERSTREET, concurring.)