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Old 12-11-2011, 09:26 PM
 
587 posts, read 1,481,637 times
Reputation: 506

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Fighter, you aren't by any chance starting a militia and getting ready to "go off the grid" by chance are you? Also can you elaborate on your definition of verified complaint because basically you are spouting gibberish. Also US Title 42 is in reference to being denied their Constitutional Rights, public health, social wealthfare and civil rights. This has nothing to do with parking enforcement. I bet you believe that the Constitution is the only valid document of law and that local and state statues and ordinances violate the Constitution.

Last edited by ofcjim40; 12-11-2011 at 09:40 PM..
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Old 12-11-2011, 10:10 PM
 
Location: North Jackson
1,867 posts, read 2,974,112 times
Reputation: 2374
Quote:
Originally Posted by bearcity View Post
I moved up here a while back and the condo I am renting comes with a dedicated parking spot on a private property. I don't use my car often since i walk to work.

My most amusement is that the cop drove to a private dead end street just to give tickets.

Any suggestions? Thanks!
Guaranteed that one of your neighbors snitched on you. Saw that you hadn't bought a sticker so they were pissed off, "If I have to buy a sticker, gosh darn he's going to have to get one also."

Enjoy your new neighbors!
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Old 12-11-2011, 10:51 PM
 
Location: Full time RV"er
2,403 posts, read 5,619,244 times
Reputation: 1459
Quote:
Originally Posted by ofcjim40 View Post
Fighter, you aren't by any chance starting a militia and getting ready to "go off the grid" by chance are you? Also can you elaborate on your definition of verified complaint because basically you are spouting gibberish. Also US Title 42 is in reference to being denied their Constitutional Rights, public health, social wealthfare and civil rights. This has nothing to do with parking enforcement. I bet you believe that the Constitution is the only valid document of law and that local and state statues and ordinances violate the Constitution.
No Militia needed! it is you that is ill informed Title 42 refers to and action taken by an official that denys your rights, here , their action is denying you your right to due process( the very thing we are talking about here) . All police, county or City actions are complaint driven not pro Active, so that means that some one complained , and the cops came out so I again ask where is the signed "Verified complaint" look up the laws, the court need it if you ask for it . you have the right to question the complaintent( you know the person that said they were injured by you not having the "sticker". you do know you are innocent until proven guilty ( or you think the cops can not and do nothing wrong. They ( the cops) and courts have ruled of proceedure that they must follow as well as you. and here it would appear they didn't.
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Old 12-11-2011, 11:04 PM
 
587 posts, read 1,481,637 times
Reputation: 506
Getting a parking ticket in no way violates your rights. The right to due process is not being denied because you can contest the ticket and have a hearing. How about you explain verified complaint to me as it applies to this. The person was ticketed as a result of a Municipal Ordinance Violation. This was not an arrest, and it's the registered owner of the vehicle held responsible. No different than a homeowner being ticketed for tall weeds, etc. the "injury" is that a violation of ordinance took place, that being no city sticker. This is not a criminal proceeding or a criminal charge. This is a ordinance violation with an administrative hearing. So how the heck you figure Title 42 applies to this? Please educate me cause I'm lost.

Last edited by ofcjim40; 12-11-2011 at 11:14 PM..
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Old 12-11-2011, 11:21 PM
 
Location: Full time RV"er
2,403 posts, read 5,619,244 times
Reputation: 1459
Quote:
Originally Posted by ofcjim40 View Post
Getting a parking ticket in no way violates your rights. The right to due process is not being denied because you can contest the ticket and have a hearing. How about you explain verified complaint to me as it applies to this. The person was ticket as a result of a Municipal Ordinance Violation. This was not and arrest, and it's the registered owner of the vehicle held responsible. So how the heck you figure Title 42 applies to this? Please educate me cause I'm lost.
How about you use the computer and look up "Verified complaint" , to see what is legally required for the cops or the city to take an action against you , that way you and others reading this post will not be reading "jibberish" but the actual legal requirements . you seem to have miss the part in my post where i mentioned complaint driven and Pro-active . If my statements are jibberish then call you local code enforcement agency and jus task them what they are Pro-active or complaint driven then you get it from the ( so called ) horses mouth. See as I said they have rules to follow and if you don't know what those rules are they I can see why you think my ststements are jibberish. Power comes with knoweledge.
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Old 12-11-2011, 11:40 PM
 
49 posts, read 106,936 times
Reputation: 20
Quote:
Originally Posted by JacksonPanther View Post
Guaranteed that one of your neighbors snitched on you. Saw that you hadn't bought a sticker so they were pissed off, "If I have to buy a sticker, gosh darn he's going to have to get one also."

Enjoy your new neighbors!
I doubt it had anything to do with the original poster,. More likely, someone who didn't even live there, had been visiting another tenant, and had been parking in the parking space designated to one of the tenants, who was fed up with not being able to park their car in their own space.

Or some tenants may have 2 cars. 1 of which they park in their designated space, and expect to be able to use one of the undesignated spots for their 2nd vehicle, but were having a problem finding a space for that 2nd car because of all the people taking up the extra spaces who didn't even live there. So they may have complained about the lack of parking to management, who then requested the police come and ticket anyone who didn't have a sticker, to elevate the problem.

I'd be pretty pissed if I had paid for my apartment, and my stickers, and ended up having to park my car on the street, and walk back to my complex just because Harry, in the apartment down the hall, invited all his drinking buddies over every night after work, and they took up every available free parking space. Depending on how far I had to walk as a result, I might even go so far as to threaten management with breaking my lease and moving out if something wasn't done.

You know, if you go to the police department and ask to speak to the officer who gave you that ticket, and ask nicely, they'll usually explain what caused them to give you that ticket. Won't get you out of paying the ticket, but you might feel a little better about it.

Now, if the police told me that the tickets were given as a result of a complaint called in by The management of MY apartment, I'd check my lease documents to see whether Management had informed me in any way about that sticker requirement, and if not, well, I personally would have a little talk with management about that ticket. I'm good at things like that, and betcha I could convince management to at least split the cost of that ticket with me.

Last edited by sarabeth1111; 12-12-2011 at 12:43 AM..
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Old 12-12-2011, 12:15 AM
 
49 posts, read 106,936 times
Reputation: 20
Quote:
Originally Posted by Fighter 1 View Post
How about you use the computer and look up "Verified complaint" , to see what is legally required for the cops or the city to take an action against you , that way you and others reading this post will not be reading "jibberish" but the actual legal requirements . you seem to have miss the part in my post where i mentioned complaint driven and Pro-active . If my statements are jibberish then call you local code enforcement agency and jus task them what they are Pro-active or complaint driven then you get it from the ( so called ) horses mouth. See as I said they have rules to follow and if you don't know what those rules are they I can see why you think my ststements are jibberish. Power comes with knoweledge.

The reason I believe you is because I have a good friend in Wisconsin, who lost his driver's license a good 10 years ago, refuses to apply for another one, and every time he's caught driving, he takes it to court, and stands on what he claims are his constitutional grounds to drive without a license. He's done this at least 5 times now, and won his case, every single time.

How does he manage to do this? Because he always requests a jury trial, and the jury agrees with him and finds in his favor. I've no doubt neither the police, prosecution or judge agree, but they don't get to decide the case, not in a jury trial.

I wouldn't try it, and don't recommend it to anyone else either, but he's still driving.

Oh, I've fought tickets and won, sometimes, for no other reason than to see if I could do it. My favorite was when I decided to intentionally keep a junk car in my driveway, got 3 tickets, and won 3 times in court for the right to keep that junk car in my driveway. Why? because the first time I got a ticket, I read the ordinance which clearly stated that property owners had the right to keep "no more than 1" junk car, and 1 was all I had! 2nd time, well, it was a couple years later, I still had the car, but they had changed the code. I won because there was a "grandfather" clause in that code, and my vehicle had been there long before that code was enacted.

The third time they tried ticketing me for that junk car was especially good. The grandfather clause had expired, but I still won my case, because I found out that code had never officially been enacted into law. I only finally got rid of it because my mom was coming for a visit and she wouldn't have appreciated the joke.

So, where do I go to sign up for the malitia? Do I qualify?
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Old 12-12-2011, 04:00 AM
 
49 posts, read 106,936 times
Reputation: 20
Quote:
Originally Posted by ofcjim40 View Post
Getting a parking ticket in no way violates your rights. The right to due process is not being denied because you can contest the ticket and have a hearing. How about you explain verified complaint to me as it applies to this. The person was ticketed as a result of a Municipal Ordinance Violation. This was not an arrest, and it's the registered owner of the vehicle held responsible. No different than a homeowner being ticketed for tall weeds, etc. the "injury" is that a violation of ordinance took place, that being no city sticker. This is not a criminal proceeding or a criminal charge. This is a ordinance violation with an administrative hearing. So how the heck you figure Title 42 applies to this? Please educate me cause I'm lost.
Not many people know this, but just so you are aware, when you go into an administrative hearing, you can refuse submit to the authority of the administrative hearing, and request your case by tried in a court of law, and decided by either a judge or jury, your choice! If you go that route though, you are responsible for paying court costs upfront, including the jury members' per diem.

Yes, this applies to parking tickets, weeds too. Most people wouldn't regardless, because if you lose, the fines can double or triple, and that's not including those court costs. Add it all together, and it's usually easier and cheaper to just pay the ticket.

I know one woman though who took her weed ticket to a jury trial on principle, and won because she went around town and took pictures, proving that the weeds on various properties owned by the city were twice as high as hers. The jury agreed and found in her favor. An attorney probably wouldn't get away with that in court, but judges tend to give considerable leeway to private citizens representing themselves pro se.

You ever read supreme court decisions? Rarely are all the judges in agreement. Verdicts are decided by majority opinion, and judges provide detailed explanations of the reasoning process that lead to their dissenting opinions. The law is subject to interpretation, and I believe the only laws ever carved in stone were the ones called the 10 commandments.

That said, as far as I'm concerned, a few lousy tickets are a small price to pay for the protection and service provided by law enforcement, and even code enforcement officials. I may not have given right impression here, but I have a lot of respect for the work they do, and am fully aware and appreciative of the many benefits I receive every day as a direct result. To be totally honest, I'm more than a little ashamed of myself for being a jerk about that junk car. It was wrong, and I shouldn't have done it.
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Old 12-12-2011, 05:38 AM
 
587 posts, read 1,481,637 times
Reputation: 506
Fighter, I've now read many articles about verified complaint and still have zero idea how it applies here. All I've read is how for issues such as this it does t apply and those who have tried to use it failed. Can you provide us with a credible law link that supports your claims? Fighter, I looked at your post history and it appears you give this same answer on several different States forums yet never explain.

To save us all time here is a 5 page thread from C-D of others trying to get straight answers from Fighter. I can see it will be a circular argument waste of time. I'm done with it.
Traffic Ticket Advice

Last edited by ofcjim40; 12-12-2011 at 06:01 AM..
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Old 12-12-2011, 07:59 AM
 
Location: Lake Arlington Heights, IL
5,481 posts, read 10,055,514 times
Reputation: 2784
Quote:
Originally Posted by sarabeth1111 View Post
The reason I believe you is because I have a good friend in Wisconsin, who lost his driver's license a good 10 years ago, refuses to apply for another one, and every time he's caught driving, he takes it to court, and stands on what he claims are his constitutional grounds to drive without a license. He's done this at least 5 times now, and won his case, every single time.

How does he manage to do this? Because he always requests a jury trial, and the jury agrees with him and finds in his favor. I've no doubt neither the police, prosecution or judge agree, but they don't get to decide the case, not in a jury trial.

I wouldn't try it, and don't recommend it to anyone else either, but he's still driving.

Oh, I've fought tickets and won, sometimes, for no other reason than to see if I could do it. My favorite was when I decided to intentionally keep a junk car in my driveway, got 3 tickets, and won 3 times in court for the right to keep that junk car in my driveway. Why? because the first time I got a ticket, I read the ordinance which clearly stated that property owners had the right to keep "no more than 1" junk car, and 1 was all I had! 2nd time, well, it was a couple years later, I still had the car, but they had changed the code. I won because there was a "grandfather" clause in that code, and my vehicle had been there long before that code was enacted.

The third time they tried ticketing me for that junk car was especially good. The grandfather clause had expired, but I still won my case, because I found out that code had never officially been enacted into law. I only finally got rid of it because my mom was coming for a visit and she wouldn't have appreciated the joke.

So, where do I go to sign up for the malitia? Do I qualify?
Really? I guess I missed the part in the Constitution about "Right to drive car". Was it next to "Right to bear arms"? And here I thought a drivers license was a privilege one had to earn by taking drivers ed, passing drivers exams and following rules of the road! Silly me

And regarding this debate about the city sticker, let me share some advice a Business Law professor once shared. You may be legally correct. BUT can you prove it in a court of law, AND how much will it cost you in time and $$?? IMO this is not worth it. And besides, if too many people "blow off" purchasing city stickers, they will just need to find another method to tax you; so in the end they will get their $.
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