Quo Warranto ?
O.K. Just a little background to let you know where I'm coming from. I'm a retired cop and disabled. My car is registered to BOTH me and my wife.
I never received the first notice in the mail, only a second notice telling me I was in default on paying my fine in 30 days or contesting the violation which I never even knew I had incurred. It further said my failure to respond in 30 days constituted a waiver of my right to contest the violation.
I called the "Customer Service Center" (strange name huh?) and explained to the lady who answered that I had never gotten a 1st notice or summons for a traffic violation and had no Idea who was driving, as our son and daughter in-law both drive also from time to time getting things from the store for us as both my wife and I are disabled and have trouble getting around at times.
The woman was nice, but insisted that since the car was registered to me, blah,blah,blah. She sent me out a copy of the original which I got in the mail yesterday.
The problem I have is as follows:
1)
Section 36-313
Effect of liability.
The imposition of a penalty under this ordinance constitutes an alternative method of detecting and deterring red-light violations. No fine imposed hereunder for such violations will result in notification to the Louisiana Department of Motor Vehicles, to the vehicle owner's insurance company or to the insurance company of any person on whom a fine is imposed under this article. An owner who fails to pay the fine and/or enforcement costs imposed under this article or to timely contest liability for said fines and/or costs shall be considered to have admitted liability for the full amount of the fines and costs stated in the notice of violation mailed to the person and the matter will be turned over to the district attorney's office for further prosecution and collection. (Ord. No. 23083, § 1, 6-20-07)
As a retired cop, I am totally outraged that I have been deemed to have "admitted liability" to anything. I admit nothing! Have these people never heard of the 5th amendment?
2)
I got no personal service of the violation. This was a video taken of our vehicle running a red light. I do not contest that, but it wasn't as though I got pulled over and personally served at the time. What about proof that I was in actual physical control of the vehicle? The violation occurred in January. It's now over half way through March. I don't know who was driving.
3)
Section 36-313
Exoneration of registered owner.
The registered owner of a vehicle that proceeds into an intersection when the traffic signal for that vehicle's direction of travel is emitting a steady red signal who alleges that he was not the driver of the vehicle at the time of the violation has the responsibility through sworn statement to prove that someone else other than the vehicle owner was driving the vehicle at the time the violation occurred. The vehicle owner's sworn statement must provide the name, address, and contact phone number for the person whom the vehicle owner alleges was driving the vehicle. Failure to file a statement with the proper information will result in owner's continued liability for any fines and costs assessed for the violation. In addition, failure of the person alleged by the vehicle owner to have been driving the vehicle at the time of the violation to pay any and all fines or costs assessed for said violation shall result in the continued liability of the vehicle owner for said fines and costs. (Ord. No. 23083, § 1, 6-20-07)
O.K Here is the problem with the above "Exoneration".
This sounds like some type of Kangaroo Court.
What? I have to prove my innocence? I thought the burden of proof was on the court, not the accused. Do they think this is France?
If I wasn't driving, I am forced to testify against my wife as the co-owner?
Since I don't think I was driving (I don't remember being in that part of town) am I required to name another offender for THEM? I don't work for them, its not my job to testify against anyone else, especially since I have no idea who was driving.
Why was I alone identified as the offender here? Our vehicle registration clearly list both myself AND my wife as the ownerS.
Did someone just flip a coin and decide to cite me instead of my wife?
The JP sheriff's deputy, badge number 116090 signed a sworn affidavit that he saw the pictures and that a violation had occurred.
I note that he did not say that I was the one who was driving.
4)
So I am deemed guilty without due process as in a regular trial.
I am told that I can avoid a $110.00 fine plus $25.00 "late fee" plus who knows how much (on my experience as an officer for the court about $100.00 I guess) more for "court cost" if I contest this "traffic violation"; if I will just accuse someone else of driving the vehicle. WHAT?????
What kind of "court" will hear this? It sure doesn't sound like it will be regular traffic court in Jefferson Parish, as I was not issued a traffic citation.
I am denied the right to confront my accusers because there are none.
In summation, I would sincerely like a bit of advice here. We are poor folk. I cannot afford an attorney, much less the cost of this so called "traffic violation" where I was not issued a ticket, there was no personal service to me of this notice, no witness to accuse me, only to accuse the vehicle.
I know this is 2009 and they have all kinds of high tech stuff like there red light videos, but since they can't put me behind the wheel it seems more like 1984.
By what authority do they do this, as the title asks?
Everything I have recieved as a demand from these people appears to violate my 5th, 6th, and 14th Amendmant right under the U.S. Condtitution.
Please help.
Thanks
John
Marrero, Louisiana
I’m not saying they are lying and that they will report it. I am only saying that I would question the legitimacy of their ability to impose fines under the pretense of a moving violation if they are not somehow related to and under a requirement to report to -at the least- the DMV.