North Carolina Surcharges for Improper Equipment Results

As of August 2011, North Carolina has instituted a "surcharge" for those receiving a plea to an "Improper Equipment."  This surcharge fee for improper equipment results is a new fee that is in addition to court costs and fines.  Unlike "fines" which is payable to support the local county schools, the improper equipment surcharge being instituted by the North Carolina legislature is payable to the State, not the County.

This charge is being assessed against individuals who received improper equipment charges prior to the law being implemented which raises the question as to whether this charge violates the ex post facto doctrine.