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Go Back   ECCIE Worldwide > General Interest > A Question of Legality
A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 10-26-2010, 09:56 AM   #1
CarmelaLeal
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Default Parking Tickets- Do I have a chance?

After enjoying a wonderful evening with new friends, I came to the misfortune of having my car towed. If you ask me, and perhaps I don't know how to read parking sings, this parking sing is a bit ambiguous.


(see image below)



)

My understanding is that I could not have parked along this area from Mon -Fri from 7am to 6pm. Do I need to go back to driving school and review the topic on parking sings or do I have a defense?

see image below of where my car was parked after 7pm. It was towed at 9pm.



It's a nightmare having to return to the spot where you parked your car to find out it has been towed and dealing with the most unhelpful people in the towing biz. (sorry guys)

By the way special thanks to Jasmine Fox
http://www.eccie.net/eccie_showcase....preview&g=2486
for her patience, support and for helping me find my car (tear, tear). She went beyond the call of duty.

So do I have a chance of getting this parking ticket dismissed and getting my money back from the freaking towing company?

Thank you in advance.
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Old 10-26-2010, 10:31 AM   #2
ShysterJon
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There's always a chance to win (or lose) in any court. I take the signs to mean a vehicle other than a truck can never park there, but a truck may park there from 7:00 a.m. until 6:00 p.m. Monday through Friday for 30 minutes only to load and unload. You parked there at 7:00 p.m., which was not a permissible time to park even for a truck to load or unload.

In my opinion, you wouldn't win an appeal because you just misread the signs. Sorry for your trouble, though.

If you decide to appeal and win, maybe you should change your handle to CarmelaLegal. Haha.
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Old 10-26-2010, 01:00 PM   #3
CarmelaLeal
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Thanks for your reply.
We shall see if my handle could be CarmelaLegal. Very clever.
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Old 11-14-2010, 07:17 PM   #4
Smoke2nd
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Traffic courts are scams from the get-go.
Ask some questions to the judge.

Judge, am I going to get a fair trial/hearing in your courtroom?
Of course the answer is yes.

Judge, can I get a fair trial/hearing if there is a conflict of interest?
Of course the answer is yes.

Ask the witness (the person who wrote the citation) "Whom do you represent?"
He/she will name the municipality.

Now ask the judge, "Whom do you represent?"

Because the judge is getting paid by the same municipality that the plaintiff works for, he/she will not answer, and this will piss off the judge.

This demonstrates to the people in the court that the people coming after you and the people judging you are BOTH representing the same party.

Case closed.
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Old 11-15-2010, 11:22 AM   #5
ShysterJon
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Quote:
Originally Posted by Smoke2nd View Post
Traffic courts are scams from the get-go.
Ask some questions to the judge.

Judge, am I going to get a fair trial/hearing in your courtroom?
Of course the answer is yes.

Judge, can I get a fair trial/hearing if there is a conflict of interest?
Of course the answer is yes.

Ask the witness (the person who wrote the citation) "Whom do you represent?"
He/she will name the municipality.

Now ask the judge, "Whom do you represent?"

Because the judge is getting paid by the same municipality that the plaintiff works for, he/she will not answer, and this will piss off the judge.

This demonstrates to the people in the court that the people coming after you and the people judging you are BOTH representing the same party.

Case closed.
I wouldn't suggest that strategy if your goal is to be acquitted at trial or work out a reasonable plea bargain. The "people in the court" don't control your fate -- the judge or jury does. I'm all for civil disobedience, but I'm also for common sense. We're talking about a parking ticket here -- not imprisonment in a dank cell for one's political beliefs. And chances are a trial of a parking ticket wouldn't even really be a "trial" at all --rather, it'd be a short meeting with a low-level civil servant who'd probably call security if you started ranting like Al Pacino in "...And Justice for All."

Clip from "...And Justice For All"

I also don't buy into the idea that when two people have the same employer that ipso facto means they're allied, creating a conflict of interest when dealing with a third party. I mean, come on -- how many counter-examples do you want? How about Dallas DA Craig Watkins and County Commissioner (at least for now) Kenneth Mayfield? They both work for Dallas County and they hate each other. Or how about Mayfield and Commissioner John Wiley Price? Hell, they despise each other and they're in the same political body. Associations among persons in a large organization are not so simplistically described.
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Old 11-15-2010, 05:45 PM   #6
macksback
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Take a 7/16 wrench and a flathead screwdriver and remove the No parking sign.Take a picture and take it to the judge. case dismissed.
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Old 11-15-2010, 06:09 PM   #7
atlcomedy
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Parking tickets (and tows) suck. The rub is, even if it is the worst case and you are towed, if you promptly find your vehicle and get it back the worst you are out is a couple hundred bucks. Remember the hassle of actually getting your car out of the tow lot it sunk. You will never get that back.

So are you really going to take a half day or day off of work to sit in a courtroom waiting to argue your case? This assumes this is a local case. If you got hit while out of town forget about it. This ignores any time/costs involved in preparing your case. Remember, it is all about money. Even if you win you lose. I mean it isn't like a criminal charge where your conviction can have negative consequences (employment, etc).

A couple of weeks ago I got a parking ticket. I couldn't believe it. I was furious. I looked at the surroundings and the signage and figured if I took a bunch of pictures and had my day in court I could prevail. Then I looked at the ticket. $25. Hell, just driving down to the (local) courthouse and parking anywhere close would cost me $8-10....
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