This one will be (relatively) short and sweet. This case was a write-in, and the citizen’s argument was that his vehicle had dead batteries (it was a small truck, hence two batteries) and couldn’t be moved before the parking ticket was issued. These cases tend to be straightforward: if you can show a mechanic’s receipt from the day you got the ticket, or at least something like it, you will usually get your money back. Of course, this presupposes that the parking violation is for being somewhere longer than you are supposed to be. We’ll get to that in a moment.
Witness Testimony: Respondent stated that the vehicle was inoperable due to dead batteries. Replacement batteries were purchased shortly after the citation was issued. Respondent submitted a receipt for the batteries as evidence, which seemed dubious.
The receipt was handwritten, which isn’t uncommon itself, but it was “dubious” because the receipt was, to my eyes, written in the same handwriting as the citizen’s (handwritten) write-in case. Making up your own receipt and offering it as evidence is foolish, but the ticketed violation itself was worse.
Finding of Fact: I cannot comprehend why Respondent believes that dead batteries are a suitable defense to parking on the sidewalk. The sidewalk is not an acceptable place to stop one’s vehicle when the vehicle appears to have mechanical difficulties. By blocking the entirety of the sidewalk, Respondent created a dangerous and unacceptable hazard to all pedestrains, particularly those who are disabled. I therefore find Respondent Liable for this citation.
What in the world was this guy thinking? “Battery’s dying, better pull onto the sidewalk?” More likely, he was parked on the sidewalk for some ridiculous reason without knowing that his batteries would die, and when he couldn’t start the vehicle to move it, he decided that perhaps I wouldn’t bother looking at the violation and would just give him a free pass because his batteries died on him. The wonders never cease.
April 2, 2009 at 7:33 am
Judge,
Well reasoned opinion. The parking ticket was an appropriate consequence of the driver’s bad judgment.
I’m curious….When you spot a document presented as evidence in a case, which is obviously fraudulent, have you ever taken action against the person submitting the bad evidence? Do you have any judicial recourse, other than finding the citizen guilty?
April 2, 2009 at 9:43 am
Sir,
My thanks for the comment. As for your first question, I have never taken action against someone submitting clearly falsified evidence, nor have I ever taken action against someone who has committed perjury while testifying before me.
As for your second question, I can generally only refer such actions to the district attorney, and I prefer it this way. I believe that upholding a $75 fine, for example, is the appropriate punishment for attempting to lie and cheat one’s way out of said $75 fine.
January 13, 2011 at 5:30 pm
I am not sure if upholding the fine is a sufficient punishment. There is no downside to false information.
I don’t think that there is any better punishment that you (in your current position) could implement. If you were czar of the universe (or city), perhaps you would give parking appeals judges the discretion to add 25% on to the fine for people who annoy you. That would likely cut down on frivolous appeals.