Wrong Code Violation

[rsoratorio]

What is the name of your state (only U.S. law)? CA

Hi everyone.

I got a ticket for what I thought was Parking Prohibited/Street Cleaning, fine is $73. I was visiting a friend and I totally forgot it was Street Cleaning Day, between 10:00a to 12:00p, so I know I'm guilty. But looking over the ticket, it said Double Parking, $68 . I want to contest this ticket because a) I am NOT guilty of that offense and b) I am plain broke. How could I "double park" when my car was the only one parked at that time? Obviously, the Parking Enforcement Officer made a mistake on the code violation (lucky for me, isn't it?). I want to exercise my rights to contest this citation. How do I go about writing my defense? What are the things I should point out? Can anybody give me examples? Will they dismiss it or will they send my the "corrected" ticket?

I appreciate your help. Thank you in advance.

 

[tranquility]

It is rarely a good defense to plead guilty to another, greater offense. Just claim you were not double parked. Give the reasons. If the judge is lazy, you might win. If not, a few more bucks.

 

[CdwJava]

The hearing will be held before the agency's hearing officer or a panel and not in a court ... court is only an appeal option down the road. As suggested, you can state that you were not double parked, and that you were parked appropriately at the curb - no need to explain that it was street cleaning day. Unless there are notes on the citation or some report or interview with the issuing officer was made, you stand a good chance of having the citation dismissed. Even if they do conclude that the cite SHOULD have been for street cleaning, it wasn't. They should not find you in violation of an offense for which your vehicle was not cited.

 

[rsoratorio]

The hearing will be held before the agency's hearing officer or a panel and not in a court ... court is only an appeal option down the road. As suggested, you can state that you were not double parked, and that you were parked appropriately at the curb - no need to explain that it was street cleaning day. Unless there are notes on the citation or some report or interview with the issuing officer was made, you stand a good chance of having the citation dismissed. Even if they do conclude that the cite SHOULD have been for street cleaning, it wasn't. They should not find you in violation of an offense for which your vehicle was not cited.

Thank you for your reply. I wasn't there when the officer issued the citation. The notes on the citation just says "Wednesday 10A-12". If I just state, in my written correspondence, that I was not double-parked and that I was parked appropriately at the curb, then for sure they wouldn't believe me. I need to have proof, right? Attaching pictures of the sign and the empty street on a typical Wednesday is the only thing that would give them reasonable doubt regarding the double-parking. Shouldn't I do that?

They should not find you in violation of an offense for which your vehicle was not cited.

I just need to get this clear...they will not send me another citation for Parking Prohibited/Street Cleaning, right?

 

[rsoratorio]

It is rarely a good defense to plead guilty to another, greater offense. Just claim you were not double parked. Give the reasons. If the judge is lazy, you might win. If not, a few more bucks.

Thank you for your reply, also.

 

[CdwJava]

Thank you for your reply. I wasn't there when the officer issued the citation. The notes on the citation just says "Wednesday 10A-12".

That does not mean the officer did not make notes on the reverse of the parking citation or in another form. Plus, the hearing officer may speak to the issuing officer beforehand (I do when I conduct these hearings and there are insufficient notes taken).

If I just state, in my written correspondence, that I was not double-parked and that I was parked appropriately at the curb, then for sure they wouldn't believe me.

If the poarking officer failed to provide anything more to substantiate the charge, they might. Besides, you can always appeal the decision if you lose.

I just need to get this clear...they will not send me another citation for Parking Prohibited/Street Cleaning, right?

I suspect that they would have done that already if it crossed their mind.

 

[rsoratorio]

That does not mean the officer did not make notes on the reverse of the parking citation or in another form. Plus, the hearing officer may speak to the issuing officer beforehand (I do when I conduct these hearings and there are insufficient notes taken).


If the poarking officer failed to provide anything more to substantiate the charge, they might. Besides, you can always appeal the decision if you lose.


I suspect that they would have done that already if it crossed their mind.

Okay, Thank you so much, CdwJava. I will start off with just stating that I was not double-parked and I was, in fact, appropriately parked at the curb. What kind of things can the officer possibly provide to substantiate the charge? Say, if I did double-park, would he write notes such as the color, make and model of the car I was double-parked next to? ...The number of cars that were parked on that street at that time?...Just wondering...

 

[CdwJava]

The notes taken by an officer (parking enforcement or sworn) can vary by agency and the individual. In my agency we expect the officers to write some notes about location and placement with a sketch if possible. That is not always the case.

If he DID write notes, they are likely to say that you were parked at the curb during the hours for street sweeping (apparently 10 AM until 12 PM). As such, there will be no notes about being double parked and the hearing officer may have little choice but to find in your favor. However, since these hearings are not a court of law, and the hearing officer is not a judge, the matter can still be decided against you. If that occurs you should be ready to decide how to proceed if you lose. If you want to appeal the decision, that may be done in house as well, and from there to court.

If I were the hearing officer (and I am for my agency) I would dismiss the cite. But, that's me.

 

[HomeGuru]

If I was the hearing office, I would ask this one question " was your vehicle parked in the area cited at the date and time listed on the citation?

 

[CdwJava]

If I was the hearing office, I would ask this one question " was your vehicle parked in the area cited at the date and time listed on the citation?

But, that would not be the question to ask. You evaluate for the elements of the offense which, in this instance, would be whether or not the vehicle was "double parked." If he was not present at all, then clearly he would not be guilty of the offense. But, since his vehicle DID receive the citation, this is unlikely to be the case. And, if he answers, "Yes," that his vehicle WAS parked there, it does not automatically imply that the vehicle was double parked. The OP's vehicle was present, just not double parked as the citation indicated. The citation appears to have been issued with the incorrect code section which should be grounds for dismissal.

 

[HomeGuru]

Correct and my point was that there was an infraction that occurred but not the one cited.

 

[CdwJava]

Correct and my point was that there was an infraction that occurred but not the one cited.

Yes. But, an answer to the question you wanted to ask would not have resolved the matter with a "Yes" and a "no" would be a lie. So, it would not have been the question to ask. One of them, certainly, but not THE question.

 

[rsoratorio]

Hi everyone,

Just an update. I recently went to the Administrative Hearing. The "Initial/Administrative Review" process, even with all the photographic proof, was just a waste of time as I feel they automatically deny appeals. I'm not optimistic about the Administrative Hearing because from what I've read online, well, it's not encouraging. All it was is going to a small cramped office where the Hearing lady records your statement. She has everything you've submitted on her desk. I really don't see the difference. I hope I was nice and friendly enough for her to make a difference anyway, lol. I don't know.

So, if she denies the appeal, I would then have to pay any late fines, which is probably the same as the ticket...and then go through the 3rd level, which is the actual court and file an appeal, which will cost me another $25.00. So far, it's 3 trips to Downtown LA (40 mile drive from where I live) $16.00 for parking, and several wasted hours. No wonder most people screw 'principle', not fight it and just pay the dang ticket...

If I win in Court, I wonder if they'll reimburse me for the late fines - I doubt it...The system is so disheartening. Lesson learned - Just park in lots, don't deal with any meters or signs.