BULLSHIT!
5th Amendment:
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
Capital/infamous crime requiring a grand jury? Nope.
Double Jeopardy? Nope.
Self incriminate? Nope.
Deprived of life? Nope.
Deprived of liberty (incarcerated)? Nope.
Deprived of property? Nope.
Imminent domain? Nope.
There is absolutely no 5th amendment issue here, and the judge is a fuktard for finding one, period.