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HELP!! (long)

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HELP!! ([long] 8th., amend.?)

What is the name of your state? CO

I know this is long, but please read it all, I need help!

O.k. this is a bit of a ludicrous situation in my opinion, and has been going on for quite a long time, so I apologize in advance. I will also do my best to sum it up as quickly as possible, but it will be long I am sure. In 1999 a vehicle that was registered in my mothers name was ticketed two separate times throughout the year for supposed parking violations. I was the primary driver of the vehicle, as my mother lived out of state at the time. Of the tickets, I knew of only one. On the third offence my vehicle was booted. I came out of the library to head back to work when I noticed the boot. Luckily the City Hall is only two blocks away. I ran there to ask what was going on. They said because of this being my third ticket, and the previous two being unpaid, they had the right to boot my car. I said I knew of only one, so I went to the parking division to investigate. There I asked if they send notices of tickets in case a ticket is removed from a vehicle or blown off etc. I was told that yes they in fact did, and that is how, even if I do not recall the ticket, they feel I was duly notified. I said I had not received any of these notices, and after insisting she look into this, she said my notice had been sent back as a returned to sender. They had the wrong address. Because of this I asked that the boot be removed and I only pay the outstanding parking tickets. They said no. I had to pay the tickets and the boot removal fee of 75.00 before I could get my car released. That day was three days before payday, and I did not have the funds available to pay for this. However I worked several miles away, and had to get back to work. I was already late. She said it was not her problem, and that they would not take a partial payment. So I wrote a check for the whole amount, and prayed it wouldn’t clear until the money made it to my account. Of coerce it did not. A warrant was issued for my arrest, luckily a friend at the local police department informed me of this so I set up a court date and avoided arrest. I paid the fines with cash, and went on my way. In 2001 I was arrested on a warrant, which I did not know I had. I was bailed out of jail and assigned a court date. When I went to court, I found out it was for the fines, which I had paid. The court said I had not paid them, and since I no longer had the receipts I had to pay them AGAIN. I paid the fines, with cash for the second time, got a receipt and thought that finally this was resolved. Then about 6 mo. Ago, I was pulled over for speeding, about 7mph over by the way. I thought I would just get a warning. Instead I was arrested. I bailed out, went to court and found out it was for the same fines! I insisted I paid them, but the judge said I hadn’t. Thankfully he gave me time to produce evidence that I had. I found my receipts, and went back to court. Showed them to the judge, and he agreed that I had in fact paid them. He waved the fines but made me pay for 11/2 of my two warrant fees (Failure to appear AND Failure to comply for the one offence). I thought that unfair since I feel I was wrongly arrested in the first place, but he wouldn’t budge. I went to the clerk’s office and paid the warrant fees, but she would not let me leave. She said I hadn’t paid the ticket/boot fees. I told her that is what I was just in court for and the judge ruled I HAD paid them. She said that I hadn’t and to look at the date. The date on the receipt was wrong. When I paid the last fine she entered the wrong date on them and I did not catch it then. I showed her a copy of my parking history, (I obtained earlier) showing I had no other offences, and that the judge had just ruled in my favor but she would not listen. I paid the 75.00 in warrant fees and told her I would speak with the judge before paying the rest. The judge wanted a letter explaining the situation, as he couldn’t remember. I wrote one including copies of the receipts, AND his handwritten note to the clerk explaining that I need only pay the warrant fees. He called back saying he wasn’t sure, but that I would have to meet with him in person, and most likely pay the fines AGAIN! He said his clerk would make an appointment to meet with him and call to notify me. I never received the call. A week later I did receive a call. This time informing me that since I missed the appointment (which I was not notified of) I now had a bench warrant issued for my arrest. I am at the end of my rope. Please let me know where I stand. I feel I shouldn't have to pay again, that I have been wrongly arrested, made to pay un-justified warrant fees, harassed, and that a clerk should not be able to overturn a judges ruling. Am I wrong here? Again I apologize for the length of this, but I desperately need help. Any advice you could offer would be greatly appreciated.

Thank you,

By the way, would this situation be a 8th. amendment issue?
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the courts aren't always right but they rule

In a case like this it just proves to me that the courts can say or do anything they want and you have to abide, regardless of the proof you have. Please get a good lawyer! I have seen many cases where the law isn't always right but we have no choice in the matter because they are the law! For the most part the laws are written to protect us and to keep law and order. It is a case like this that throws me for a loop. You should have paid the first fine immediately instead of waiting and all of this might have been avoided. Sorry. Please let us know what happens.

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