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So I'm going to court on Friday
Posted by: mikebw
Date: September 05, 2007 05:15AM
Over a parking ticket. No, I'm not guilty.

The ticket charges me with "parking over 24 hours" in a metro parking garage. I routinely park overnight in the same space and use the metro to get to work. The garage is open 24 hours so I'm not sure exactly why they gave me a ticket, but here's what I think happened-

Police see my car in the garage one night after I have parked and left on the metro. Next night the same officer sees my same car in the same space at about the same time as the night before. Write ticket for $50.

What kind of 1st grade logic would assume that the car never left in between those times? Obviously they didn't bother checking during the day because if they had they might have noticed that my car was not there.

I am really just irked about the fact that I have to go to court to contest this. At least I can fight it but it's still a hassle for someone who didn't do anything wrong.

Any tips on how to present my case?

I'm having my employer sign a document stating that I do in fact work on the overnight shift so as to increase my credibility when I say that I park my car overnight there all the time. My goal is to not get fined AND to avoid getting ticketed in the future. I have already begun switching which space I park in so they don't think it's abandoned.
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Re: So I'm going to court on Friday
Posted by: voodoopenguin
Date: September 05, 2007 05:17AM
Good luck, let us know the outcome.
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Re: So I'm going to court on Friday
Posted by: bazookaman
Date: September 05, 2007 05:53AM
Same sort of thing happened to a buddy of mine. He had a pass that let him park on residential streets for as long as he wanted. No time limit. (As residents, we all did) Yet somehow he was ticketed and towed for parking on the street. The officer claimed the car was abandoned. While my neighbor didn't move the car all that much he did sometimes. besides why would he if he was told he had unlimited parking time. Anyway, the best part was how the officer determined it was abandoned. There were "excessive amounts of leaves" gathered around the vehicle. Did I mention it was fall?



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Re: So I'm going to court on Friday
Posted by: AAA
Date: September 05, 2007 06:30AM
You'll lose. But, good luck. They system is designed to screw you and motivate you to remain submissive to the police state.

(I ALWAYS wake up on the wrong side of the bed!)
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Re: So I'm going to court on Friday
Posted by: billb
Date: September 05, 2007 07:01AM
I hope that beat cop isn't pining for detective.
(unless he likes eggs)
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Re: So I'm going to court on Friday
Posted by: mstudio
Date: September 05, 2007 07:07AM
I think you'll win. Be nice to the judge and cop, don't accuse anyone of anything. The letter from your boss is a great idea. Any proof that you can show them that you were somewhere else at the time of the alleged parking infraction would be good. Unfortunately, I've had way too many tickets over my driving career, fortunately, I've gone to court every time and gotten off of all except one (the judge lowered the fine, however).
Good luck.
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Re: So I'm going to court on Friday
Posted by: mikebw
Date: September 05, 2007 07:26AM
Quote
mstudio
Any proof that you can show them that you were somewhere else at the time of the alleged parking infraction would be good.

Unfortunately since I would only have been at home sleeping at that time I haven't been able to come up with much evidence.
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Re: So I'm going to court on Friday
Posted by: what4
Date: September 05, 2007 07:27AM
Try to find some evidence that you took the car home in the interim -- a receipt for gas, perhaps, that proves the car was not continuously in the same spot for 24 hours.
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Re: So I'm going to court on Friday
Posted by: Craig
Date: September 05, 2007 08:25AM
Happened to me once. I parked in a 2-hour area, came out after about an hour and moved my car about 50 feet forward into another spot. Came back 1.5 hours later and had a ticket which listed a "chalk time" that had nothing to do with actual chalk. Bad for me, because had my tire been actually chalked then the meter maid would have known that I had rolled forward 50 ft. I still haven't paid that parking ticket.


Craig
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Re: So I'm going to court on Friday
Posted by: macphanatic
Date: September 05, 2007 08:34AM
Did you pay by credit or debit card? If so, get a copy of your bill showing the charges. Does the garage have cameras on the entrances/exits? If so, request copies of the videos for the approximate times you left or came. Explain that had you known this would be an issue, you would have parked in different spots each night and kept receipts. Above all, be polite and factual.
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Re: So I'm going to court on Friday
Posted by: michaelb
Date: September 05, 2007 08:37AM
How this sort of ticket works varies considerably by location. But generally, the police will have the "burden of proof" to show that you in fact parked over 24 hours. So they will need some evidence of that, and presumably have some method of keeping track (like chalk, or recording license plates) that they are relying on.

1) you may want to call now and see if you can talk to somebody about the ticket in advance. Some places will listen to you now before getting to court.

2) At court, ask to see the officer's notes/evidence in advance to see what they are relying on. They should testify from memory, but there is almost no chance they remember your ticket.

3) you should have a right to cross examination, and you certainly could ask if they have any evidence that your car was parked in that spot between x hour and y hour. [chalk marks constitute such evidence, since they show the car was not moved].

4) you should get an opportunity to tell your side of the story, so do so respectfully. Anything you have to support your case can be offered as evidence, but it is not a substitute from telling your side of the story in court.

good luck
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Re: So I'm going to court on Friday
Posted by: mikebw
Date: September 05, 2007 09:22AM
The garage is pay-on-exit using the proprietary Metro "Smart Card" system, but if you leave before 10:30 am you don't have to pay. The garage is primarily used by daytime commuters, so it fills up well before 10am, and then when everyone gets back around 6pm they have to pay to leave. On the other hand, I don't ever pay to use the garage because I enter for free at night and leave before the gates come down.

No cameras that I know of. There may be a record of my trip on the rail system since I use my Smart Card for that, but it's probably not available to the public.

Quote
macphanatic
Did you pay by credit or debit card? If so, get a copy of your bill showing the charges. Does the garage have cameras on the entrances/exits? If so, request copies of the videos for the approximate times you left or came. Explain that had you known this would be an issue, you would have parked in different spots each night and kept receipts. Above all, be polite and factual.
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Re: So I'm going to court on Friday
Posted by: BigGuynRusty
Date: September 05, 2007 09:50AM
Don't pick up the soap!

BGnR



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"Near the day of Purification, there will be cobwebs spun back and forth in the sky."
"A container of ashes might one day be thrown from the sky, which could burn the land and boil the oceans."
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Re: So I'm going to court on Friday
Posted by: RAMd®d
Date: September 05, 2007 10:13AM
What "should" happen is almost always subject to the judge or traffic commissioner who presides.

That said, most of what michaelb says tends to be the case.

As mentioned, ask how it was determined that the car had not moved. And also ask if a speedometer reading was taken. Not all that common (except in the case of abandoned vehicle abatement) but it might help bolster your case.

Presented in a clear concise manner, and offering the letter, I'd guess you'll prevail.

If not, what BG said. We'll send you cake and a file.






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Re: So I'm going to court on Friday
Posted by: Jack D.
Date: September 05, 2007 10:27AM
And if none of the above works there's always this option...





- Jack D.




New tasteless sig coming soon!
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Re: So I'm going to court on Friday
Posted by: mikebw
Date: September 05, 2007 10:32AM
They don't even let people take water bottles into the courthouse, so I don't think the blazing guns are really an option.

Thanks though.
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Re: So I'm going to court on Friday
Posted by: outcast
Date: September 05, 2007 10:35AM
Pay your fine in loose pennies.


outcast
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Re: So I'm going to court on Friday
Posted by: Buzz
Date: September 05, 2007 01:09PM
In Los Angeles, I once parked on a side street next to a 7-11 located on a busy part of Wilshire Blvd where there was no street parking (the street parking on Wilshire stopped a block back). I parked in a two hour metered space that was clearly marked as such, and paid for plenty of time. When I came back, there was a ticket for parking during street cleaning hours... except that there weren't any signs posted! I took pictures of the car in the spot, and views from around the area, clearly showing the 2 hour parking. Along Wilshire, and most of the immediate metered areas abutting Wilshire, they have no parking in the middle of the night to allow for street cleaning, or whatever, and the meters have a generic "No Parking 2AM-4AM" on them. Next to one of the meters where I parked, was a very old remnant, cut flush with the sidewalk that was from what appeared to have been a former sign post. Took pictures of that, too. The residential areas don't have meters, and have posted street cleaning during the day. Without a sign, it was impossible to know that the metered spots were subject to street cleaning, especially since the sign posted for street cleaning in the residential area down the street, past the alley, had an arrow starting on the other side of the alley. Took that picture, too.

AAA is right, sometimes there's just no hope; told my story, showed my pictures, the traffic commissioner (local attorney playing judge for a day) reduced the fine to $10 and wouldn't (he refused to) put the case over for a contested hearing! I wasn't concerned about the $10; I wanted the signage properly fixed, and stated such, so that countless others shouldn't continue to get improper tickets.

Sometimes it just doesn't matter how right you are, but be as well prepared as possible anyway. Report back.



Sometimes it is what it is...
and then there's times when it's really better.



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Re: So I'm going to court on Friday
Posted by: AAA
Date: September 05, 2007 01:21PM
And that's why as with countless times before here and in other corners of the world, people have to take up arms against their government.
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Re: So I'm going to court on Friday
Posted by: Blurb
Date: September 05, 2007 03:30PM
What about producing your timecard, or copy of, showing you entering and leaving work at specific times on the dates in question? That shows a pattern of behaviour as relates to time and day. Or get your manager to sign a statement verifying your arriving AND leaving on the date of the ticket and same for days prior/after.
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Re: So I'm going to court on Friday
Posted by: chas_m
Date: September 05, 2007 06:22PM
Say this:

"Your Honour, the court's time is valuable, the officer's time is valuable, and my time is valuable, so I will be brief in clearing up this simple misunderstanding.

"My car was not parked in the garage for more than 24 hours. I work the night shift and do park it there each worknight, where it stays overnight. I generally arrive at [time] and leave at [time]. Here is a letter from my employer attesting to this.

[give letter to clerk or judge]

"I believe that the officer saw my car in the exact same spot twice in a 24-hour period, thus his reasoning for issuing the ticket. But the car had not remained in that spot, I simply happened to park it in exactly the same space two nights in a row. The letter I provided proves that I was at work both nights in question.

"I respectfully request that the case be dismissed, and I will pledge to be diligent in not parking in the exact same space each night so that this confusion will not arise again. Thank you for your time, Your Honour."

Do not argue with the officer if he claims otherwise, just stick to your story politely but firmly.



chas_m




[crawlingfromtheusa.blogspot.com] <-- Moving to Canada blog
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Re: So I'm going to court on Friday
Posted by: AAA
Date: September 05, 2007 06:26PM
well said, Chasm
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Re: So I'm going to court on Friday
Posted by: Craig
Date: September 06, 2007 10:35AM
Wow. Well put chas_m. If I were a judge, I would dismiss the ticket unless the officer had concrete proof that you had been there for the entire time.
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