Unequal application of the law

[Geoff639]

What is the name of your state (only U.S. law)? Michigan, the law in our city (we live in a small city of 3000) is no parking on the streets from 2am until 6am. My daughter came home from college a couple of days ago and parked in the street in front of our house and left it there overnight like she has at least 100 times before (and didn't get a ticket) and she got a parking ticket. I have no issue with that. My problem is that the family up the road that had 3 cars on parked on the street didn't get any ticket's. They also have 3 parked there tonight and from where I stand there are 3 other cars parked on the street also with no no tickets. My first thought last night was that that it had snowed and and that that may be the point they were making but tonights conditions were the same. Is there grounds to fight this? (this is not the only issue i've had with the Police, not my getting in trouble but them selectivly inforcing drug laws( which later led to the arrest of one of thier own). So I do have a hisstory with them and the city. I don't stand for coruption, small town or not.

 

[The Occultist]

The "nobody else is getting ticketed" defense will absolutely NOT work whatsoever, so don't even try it. There is no getting out of the ticket based on anything you have posted. That being said, you can, if you so choose, file a complaint with the police department in regards to not everybody getting ticketed, but do remember that that will have absolutely no bearing whatsoever on your daughter's ticket.

 

[Geoff639]

Unfair ticketing

The State is Michigan, also I have no problem paying the ticket we were clearly in the wrong. The issue is that they peick and choose when and whom to enforce the law upon. I and my neighbors have made a number of compaints about drivers "blowing" through the stop sign @ our corner (also a corner that has a school and 5 bus stops on it) and speedinging (aprox. 45-50 in a 25 mph zone) and they won't enforce it. The street over, where the Mayor lives, they often place one of those sign's that tell you how fast you are going. The sign is placed about 200yrds before the road dead ends into a cemetary, there's never been a crash there while on our road children have been hit by speeders more than once. They also are extremely well known for speed traps and issuing tickets to non-local drivers for going 5mph over posted limits and unfair tacticts like that (the speed traps by the way are set up on non main roads ). The problem with this is that we have, at min. , 1 drunk driving death a month in township limits. Last year we had a crash were 2 people killed in a 4 vehicle 1 pedestrian accident and only 1 person was no drunk. You don't wan't do be around here from Thurs. night thru Monday am. Since we have our own Police force for the city, the county and State"s hands are kind of tied as to how much they can help. I learned most of this when my daughter was offered drugs @ the bus stop one day (she is 11), the police didn't want to make a report at first. After pushing it a little. I found they never reported it to the school, then the superintendant never reported it to the Bus garage or to her principle ( or to the principle of the kid that offered her drugs for that matter. and that kid's school was in the same building as his). Now I know there are a lot of things that go on behind the scenes that normaly we don't know about; however, the county Sheriff is the father-in-law of a friend of ours, a friend in town works for the FBI (and used to be with the local police), and before I got sick I was very involved in Politics and almost every Judge in the county is a friend of ours. I know more than the Police chief about what is going on in town regarding drug enforcement (I had a talk with him and I think that's where I got in trouble). I don't really care about the trouble, I just want to know if I can sue for unfair "attention" and what kind of Lawyer I would get? I have no problem gathering thin info. I just don't want to trouble my friends for that because I don't know about conflict of intrest (I'm not sure how to say what I meen but I think you understand). I live in Lowell Michigan by the way. you can check it out for yourself if you want, I'm not full uf crap. Over the last 10 years we have had almost every officer and chief either prosicuted or relieved of duty for corruption. That's why my friend left and went to Indiana so he could work in a clean dept. before he made the move to the FBI. Thank You for the Help! I know I sound crazy but you should be here. With MS I have a lot of pain because of the weather so I take a large amout of pain killers. For a long time I thought it was me, and I was nuts. When I first started pressing the Police and School on some things I couldn't believe how many people came up to me and told me they had had simular or worse experiences and they were glad sombody was starting to make them accountable. I'm a little frustrated why are standing by the sidlines, but at least I know I'm not crazy anymore.

 

[CdwJava]

The issue is that they peick and choose when and whom to enforce the law upon.

And, on its face, that is not unlawful. The police and the city CAN exercise discretion if they choose. You can, however, choose to make this a public issue and discuss it at council meetings, to the media (if they will listen), to friends, family and neighbors, or to whomever else you wish.

They also are extremely well known for speed traps and issuing tickets to non-local drivers for going 5mph over posted limits and unfair tacticts like that (the speed traps by the way are set up on non main roads ).

"Unfair" does no mean it is unlawful.

I suppose it is more politically palatable to hit visitors rather than residents, hence the reason they might target areas that out-of-towners might hit. Doesn't make it right, but doesn't make it unlawful, either.

Since we have our own Police force for the city, the county and State"s hands are kind of tied as to how much they can help.

Enforcement decisions are political ones. If the residents want stepped up traffic enforcement, they can certainly try to press the Chief and the town council for it.

I don't really care about the trouble, I just want to know if I can sue for unfair "attention"

Not unless you can prove that you are being singled out solely for your political action, race, creed, political affiliation, sexual orientation, etc. That's going to be a high hurdle. It is not a definitive case by a long shot if all the proof you have is that you do not believe others were not cited when you were. If you think you actually have a case you can run it past an attorney that specializes in either civil rights law or someone who makes a career of suing municipal entities. However, as there are no real damages here, I suspect you might have to pony up money up front and the chances of collecting an award may be minimal at best ... that's if the attorney can even come up with a claim to make against the town.

 

[patstew]

Just wanted to add that I sometimes have to explain this to irate callers, and my answer is that tickets at that hour are given by patrol officers, not parking officers, and when they're not on a more important call, they're instructed to write overnight ticktets.

If they get called away for something more important, then it could easily happen that not everyone on a given street gets a ticket.

 

[OHRoadwarrior]

Its faster and easier to issue tickets to parked cars. You don't need to chase them down AND they don't argue with you.

 

[davidmcbeth3]

I would call the FBI to investigate this level of corruption.

Does not negate the ticket though.