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Subject:
Legal challenge to parking fine hike
Category: Relationships and Society > Law Asked by: buttercookie-ga List Price: $20.00 |
Posted:
08 Jan 2005 20:16 PST
Expires: 07 Feb 2005 20:16 PST Question ID: 454369 |
I parked in a bus zone outside my office for 2 minutes one Friday night and upon returning, there was an officer issuing a citation for $250 who would not stop issuing it despite my return. Last year in CA statewide, certain parking fines went up over 400%. The state & cities need revenue, but raising tickets from $40 to $250 in one year seems outrageous. I paid the fine, but am looking for legal grounds on which to challenge such a massive hike. It's a stealth tax; do the funds have to go to pay for certain things; these are ideas for research and arguments, but any further help with ideas and argument would be much appreciated. |
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There is no answer at this time. |
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Subject:
Re: Legal challenge to parking fine hike
From: nelson-ga on 08 Jan 2005 21:25 PST |
Tax? You parked where you knew you shouldn't. It's a punishment. If fines are too low, they won't serve as a deterrent. |
Subject:
Re: Legal challenge to parking fine hike
From: buttercookie-ga on 09 Jan 2005 15:27 PST |
Cities are limited from raising revenue through taxes, that is, limited in how much they can raise taxes to make revenue, so they are using things like parking fines to raise revenue statewide. There is no option of jail time or community service for this kind of violation, and those things would certainly also serve as a deterrent. The violation itself is not potentially threatening to life or property, and does not merit such a high fine. I'm seeking legal bases on which to lower the fine to a reasonable amount, and/or allow for a community service option for part of it, something more akin to instilling civic pride rather than fear of punishment. Thanks for your comment. |
Subject:
Re: Legal challenge to parking fine hike
From: asashby-ga on 20 Jan 2005 18:50 PST |
Although your situation is unfortunate, it does not even remotely resemble one upon which you could seek legal relief. Your appeal to fairness will not move the court in the slightest; nor should it. I understand that you are upset about the ticket, and you have every right to be appalled at the fine, but you will be nothing more than a number to whatever traffic court judge you appear before. As a side note, traffic court judges generally do not put up with a lot of garbage in their courtroom and are not impressed with an appeal to what you deem to be fair and equitable. As you can imagine, this judge probably hears the exact same thing from every other person who appears before them; these people are the complaint department of the judicial system. Since this is a parking ticket, and you clearly violated whatever law this is tied to (by your own admission), I would highly recommend that you NOT make a policy argument to a traffic court judge. My advice would be to be immeasurably humble when contesting this ticket, and respectfully request that the judge grant you one of your alternative punishments. Although I am not familiar with this specific jurisdiction, or really this state, I am quite certain that your request will be met with immediate rejection. This, however, is more than likely your best chance of success. Someone who is more famliar with this jurisdiction/area could perhaps have a better answer. |
Subject:
Re: Legal challenge to parking fine hike
From: buttercookie-ga on 21 Jan 2005 00:18 PST |
Are you an attorney? What is the basis for your comment? I have been told that people usually go to the hearings to beg for a lighter fine that is NEVER granted. I'd like to go and make argument that could change that in the future, if not in my own case. When I called to request a hearing, I specifically asked if this was the proper forum to address the issue the way I wanted to address it. For one thing, there's a state code that says how much this fine is set at, but cities do have leeway to set their own fines. This is not a traffic violation. Also, as I posted earlier, there are no other options but paying. I was quite impressed with one Google researcher who posted much information regarding parking fines across the country in response to another query. I welcome a high quality answer to this question. |
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