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I am between jobs and the next one won't be until 2006. So money is tight. I want to fight a parking ticket that I just got.
Some possible defenses:
1. I was parked around 940 XX St. The ticket says "900 XX St."
2. The ticket has a blank under the VIN
3. The ticket says the car is GRY but mine is silver.
4. The ticket says that I paid until 8:41 and the ticket was issued at 8:43
4a. I couldn't drive away in time because the lady was standing behind the car. If I would have backed into her in order to drive away, the ticket warden would have been injured.
4b. I actually got into the car and was prepared to leave by 8:41 (truth: may have been, may have been 8:42, clocks are not precise)
5. Statute cited on the ticket says
"(c) When parking meters are erected giving notice
thereof, no person shall stop, stand or park a vehicle
in any metered parking zone for a period of time
longer than designated by said parking meters upon the
deposit of a coin of United States currency .......
It was not a parking meter but rather a machine at the end of the street which dispenses a receipt.
A parking meter is defined by the city regulations as....
Sec. 30-377. Parking meters; determining zones;
installation.
(a) Authority of Traffic Director. The Traffic
Director is hereby authorized to determine and
designate metered parking zones, and to install and
maintain upon any of the streets or parts of streets
as many parking meters as necessary in said metered
parking zones, where it is determined that the
installation of parking meters shall be necessary to
aid in the regulation, control and inspection of the
parking of vehicles. The parking meters may be of
whatever type as determined by the County Commission.
(c) Installation of meters. The Traffic Director
shall cause to be fastened to the curb or sidewalk
bordering upon each of said parking metered spaces, at
or near the front or forward end of each such space, a
parking meter.
Pros to this argument: section c) says that the meter has to be in front of the car.
Con to this argument: the first part says that the meter can be of any type specific by the Commission.
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I think the best argument is that I did not violate the spirit of the law (i.e. argument 4a and 4b)
I would also add that I did not technically violate the law, either
(i.e. #1 and 5)
Number 2 and 3 seems too tricky.
Number 4 is not really a defense because the judge could say "well, you DID break the law"
Comments?
posted by 169.139.19...
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