Sunday, November 20, 2011

Can I overturn my parking ticket?

I received a warning for leaving my Motorcycle in the same spot for over 72 hours, so I moved it, but received a ticket anyway!


Turns out, the municipal code here in Encinitas states:





14.40.010 Parking for 72 or More Consecutive Hours Prohibited 鈥?Removal of Vehicle.


A. No person who owns or has possession, custody or control of any vehicle shall allow such vehicle to remain stopped, standing or parked in one location upon any street, alley, highway or public parking lot for a period of time exceeding 72, consecutive hours. (Ord. 95-01).


B. Any law enforcement officer of the City may remove any vehicle parked in violation of Subsection A above in accordance with the provisions of the Vehicle Code of California. (VC Sections 22650 - 22856.)


C. Moving a vehicle for a distance of less than 200 feet from its original parking position shall not constitute a change of parking location for purposes of enforcing this section.





So I received the ticket because I didn't move the motorcycle 200 feet or more. Now, while I am technically guilty, I think any reasonable person would strike this from the record. I don't think the clause about 200 feet was on the warning, or if it was it must have been fine print on the back or something (unfortunately I no longer have the warning to verify).





Also, the evidence they used to show that I didn't move 200 feet was that my odometer read 24935.5 before and after the move. However, 200 feet is only 0.038 miles, so recording the mileage to 1/10 mile precision is not accurate enough to prove I didn't move it 200 feet!





I guess my question is, "Do I have a case or should I not waste my time/money on this?"





The parking citation is for $65. I've already gone through two escalations in the appeal process and they won't budge. The next step is to take it to court where they will charge me an additional $25.|||You have publicly admitted that you committed all of the elements necessary for the offense, so I don't see why you think it should be waived. Have you never heard the maxim, "ignorance of the law is no defense"?





If you were to adjust your attitude, admit the violation, and ask for it to be "held on file" for good behavior for a year, maybe they would be more amenable to cutting you some slack.





You're lucky they didn't just seize the vehicle and crush it into a chunk of steel the size of a breadbox.|||Pay the $65 and get on with your life.

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