Originally Posted By: SinisterK9
Originally Posted By: Gary Allan
Quote:
Is it my understanding, that by your statement, which I have quoted, that you believe you car WAS parked short of 20 feet in reference to what a reasonable person would consider the corner?
No ..you're injecting the assumption that a reasonable person would perceive it that way. He measured it and found that a FACTUAL person with measurement aids could determine that he didn't have the 20' in the code.
Quote:
I'm not being insulting or accusatory or anything. I'm just asking a question.
Not from my seat
You're spinning it as though you want him to take the fine and feel shameful and "unclean" if he doesn't do it.
However ....
Quote:
I measured it tonight, there is NO WAY they actually measured anything.
the ticket says:
"on yellow"
"4 ft from corner"
1st off, there is NO YELLOW on this corner. 2nd, from my bumper, the curb is straight for EIGHT FEET before the curve starts. and, from my bumper to the imagined 'corner' there is SIXTEEN FEET.
so, it's not the supposed 20', but it is certainly more than 4 ft. the 20' is unenforceable in this town. if they did, they would have a parking rebellion because there just wouldn't be enough parking for everyone. I take issue with the arbitrariness of the enforcement, and the obvious reliance on 'eyeballing' it.
4' mentioned on the ticket ...you, coincidentally being 4' inside the 20' legal limit.
As was mentioned, just show the image (make sure it can be determined that you're actually taking an image of the corner in question) without the yellow markings.
The perception of most things within the law is based on a hypothetical reasonably thinking person. Thus my statement. I am not suggesting he just take the ticket. I am suggesting that he fight the ticket if he didn't commit the violation. However if he was inside 20 feet, and that's what he was cited for, then he did in fact commit the violation.
If he wants to lie, like someone mentioned earlier and say it wasn't his car, that's his choice. If he wants to argue about the "yellow", that is also his choice. But, as with life, hope for the best but be prepared for the worst.
In this case, be prepared to answer the judge's questions. When it's all said and done, the judge might just ask you a simple question such as "Sir, were you parked within 20 feet"? If he answers truthfully, he can expect a ticket. If at any time during pleading his case, he happens to admit that he was within 20 feet, it is probably over.
As for the yellow issue, that may or may not work. If any of you have sat in on traffic court for an extended period of time, you are probably aware that contrary to popular belief, small mistakes on a traffic ticket do not always equal the ticket being null and void. That is, so long as the spirit and intent of the ticket is correct, and no ones rights are being violated. But, to be fair, sometimes they do overturn them. So if thats your ammo, then give it a shot. Take your camera pic in there too. It may work, then again it may not, as there is no way for the judge to verify that the picture was taken where or when you claim it was in relation to the traffic citation location.
My opinion (if you plan to fight it) is to go in there, leave emotion at the door, and speak clearly and concisely. Plead your case on a factual basis, and use any and all supporting evidence you have.
Good luck to you.
And yes I am biased towards police officers.
I have 9.5 years military law enforcement, and 5 year civilian law enforcement. But I also recognize the fact that police are people like everyone else, and we have plenty of douche bags in our ranks just like everyone else.
wow, this is a long quote!
I understand your point and agree. I have no intent on fudging the facts. they are claiming something that isn't true (on a non-existent yellow, and 4ft from corner). I don't appreciate the lying.I feel violated, someone from downtown coming up into my neighborhood, all of a sudden deciding they don't like the way we park! I know, that's silly, it just feels that way.
I'll take tickets when I deserve them, but this one is out of line.
my wife asked for a copy of the supposed 20 foot standard, let's see if it shows up.