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Old 12-15-2011, 03:16 PM
 
70 posts, read 130,527 times
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Quote:
Originally Posted by sarabeth1111 View Post

The bar association does discipline their members, and Membership in the bar association in Illinois may be voluntary right now, but it's mandatory in other states, and Illinois has been moving towards mandatory membership for professionals as well, as well as mandatory peer reviews, which normally is conducted in most professionals by those voluntary associations.
Nope. You're pretty much just making stuff up.
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Old 12-15-2011, 03:27 PM
 
49 posts, read 107,236 times
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Quote:
Originally Posted by pesco View Post
Nope. You're pretty much just making stuff up.
really not interested in your juvenile opinions.
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Old 12-15-2011, 04:14 PM
 
Location: Chicago
38,691 posts, read 86,953,393 times
Reputation: 29356
Quote:
Originally Posted by sarabeth1111 View Post
No, I'm sorry, but you kept going on about a residency sticker, and when I typed that term into the website for Evanston, there were no results. The quote I posted was from the closest thing I could find, until you specified a wheel tax.

actually in perusing the website for Evanston, there's a page on the parking stickers for street parking, but not one specifically for the wheel tax. I had to go through the ordinances to find it, and it was buried pretty deep.


Where did you see any 30 day requirement in that ordinance? Post proof, by quoting that 30 day requirement, as it appears, in the actual ordinance.

However, I read that ordinance and aside from not seeing anything about any 30 day sticker requirement, you are completely ignoring the section I posted regarding the year, and 1/2 year stickers, which was not paraphrased, it was a direct verbatim quote, from the actual wheel tax ordinance.



Again, completely ignoring the section, taken verbatim from the ordinance about the 1/2 year requirement, which I clearly posted for you.

There may be other circumstances. Just because you don't know them and I haven't conducted a thorough enough search yet, doesn't mean other exceptions don't exist.



No that particular scenerio's pretty much a guaranteed win.

Just because these may be the only scenarios you've been able to fabricate, doesn't mean others can't possibly exist!

One that comes to my mind is recipriprocity.For example, if the vehicle was previously registered and the owner paid a wheel tax in another jurisdiction, there may be a a reciprocity agreement with Cook County, Evanston, or another jurisdiction in place which exempts the owner from registering and paying a 2nd wheel tax in one year.

I only didn't fight my sticker ticket because I know the police ticketed In direct response to complaints. Those complaints were legitimate, and the ticket was entirely valid.

But Glendale Heights has only 1 sticker, and that sticker isn't specifically for street parking, and my property at the time did not have "no trespassing" signs posted. It does now.

If the police came on a private parking lot, without a complain registered or consent of management, especially if that parking lot was posted in any way "residents only" and/or "no trespassing", There is legal basis for fighting that ticket. But don't take my word, give me a few minutes, and I will provide an opinion, from a real attorney, licensed in the state of Illinois.

OK, I'm back, and it didn't take very long to find one. From a legal advice site, Can the police trespass onto private property and give a failure to display city sticker citation - Avvo.com

answer:


Now, if you question whether this is a real attorney, licensed in the state of Illinois, go to the Illinois Department of Professional Regulation and look him up!

Yes, it appears you apparently can fight this type of ticket, and in the opinion of an actual licensed attorney, there is a legal basis for challenging in court. You can read the rest of the specifics by going to the link provided. Of course, that attorney also only gave one "for instance"' but there are more! I found some really interesting info regarding police entering private property, and will post it, if you want.

This is a real legal opinion. Yours is not.

Of course, whether or not it's worth fighting? Well, it's looking more winnable by the minute. I've won in court on less.
Yes, great. Thank you for your wonderful contributions to this thread.

Anyway OP, notwithstanding the armchair constitutional lawyers in this thread, here are your four conceivable scenarios:
1) If your car is registered in Evanston and you were ticketed for not displaying your wheel tax sticker, they have you dead to rights even if you were parked on a private lot that is accessible by the public. Pay up and get a sticker.

2) If your car is not registered in Evanston but should be in accordance with the Secretary of State vehicle registration requirements (aka you moved here more than 30 days ago and this is your new permanent address), they have you dead to rights. Pay up and get a sticker.

3) If this is not a permanent address (for instance if you are a student whose permanent address is elsewhere) or your car is legitimately registered to another address, you may have recourse at your hearing.

4) If you were issued a ticket for failure to have a parking permit and you were in fact parked on private property, you may have recourse at your hearing.
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Old 12-15-2011, 04:17 PM
 
Location: Chicago
38,691 posts, read 86,953,393 times
Reputation: 29356
Quote:
Originally Posted by oakparkdude View Post
Drover is an attorney.
No I'm not. Haven't sat for the bar yet, and surveying the wreckage of the legal market out there right now, I'm in no big hurry to either.
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Old 12-15-2011, 04:22 PM
 
Location: Berwyn, IL
2,414 posts, read 5,247,124 times
Reputation: 1121
This thread is easily one of the best of 2011 on Illinois C-D. How such a simple question/statement turned into this is beyond me. I especially love the out of state arm-chair know-it-alls.
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Old 12-15-2011, 07:20 PM
 
Location: Greenville, SC
4,052 posts, read 3,284,363 times
Reputation: 7427
Quote:
Originally Posted by sarabeth1111 View Post
Yes, and one of the ways you work to effect change, is by not just paying tickets, but by taking the matter to court instead. That's what courts of law are for, and court decisions are actually one of the ways in which laws are established, and changed. It is the right of every citizen to utilize our court system, for that purpose. As well as for other purposes.
Reread the post I was responding to, and my response. This has no relevance to the point I was making. I second MannheimMadman's observation ... this is indeed one of the more entertaining threads.
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Old 12-16-2011, 03:36 AM
 
49 posts, read 107,236 times
Reputation: 20
Quote:
Originally Posted by MannheimMadman View Post
This thread is easily one of the best of 2011 on Illinois C-D. How such a simple question/statement turned into this is beyond me. I especially love the out of state arm-chair know-it-alls.
Yes, so I do. What I presented was an actual opinion, which was directly on point, rendered by a real attorney, licensed in the state of Illinois.

So who's the out of state arm-chair know-it all?

And I did read the post you were responding to, and I personally wouldn't fight a parking ticket on Constitutional grounds. Mainly because I go to court all the time, and in my experience, doubt it would fly in court. But then again, if you're going up against a prosecution who isn't familiar with that type of defense, might be overworked, and underprepared and wasn't able to rebut? You just might get a judge who's a big fan of Justice Tolman, or a jury with a member who had a bad experience and feels their rights are being trampled on, and you just might win. You never know.

Don't think so? OJ Simpson was aquitted of capital murder charges, now wasn't he?

Last edited by sarabeth1111; 12-16-2011 at 04:01 AM..
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Old 12-16-2011, 04:27 AM
 
49 posts, read 107,236 times
Reputation: 20
[quote=Drover;22136730]Yes, great. Thank you for your wonderful contributions to this thread.[/quote}

How very condescending of you. LOL!

Quote:
Anyway OP, notwithstanding the armchair constitutional lawyers in this thread, here are your four conceivable scenarios:
1) If your car is registered in Evanston and you were ticketed for not displaying your wheel tax sticker, they have you dead to rights even if you were parked on a private lot that is accessible by the public. Pay up and get a sticker...............
Nonresponsive. You did not respond on point and did not address the points raised. You just repeated your last post and didn't bring anything new to the discussion. Move to strike.

You don't really think you'd get away with in a real court of law, do you?
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Old 12-16-2011, 05:01 AM
 
Location: Chicago
38,691 posts, read 86,953,393 times
Reputation: 29356
Go hump someone else's leg for a while.
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Old 12-16-2011, 06:04 AM
 
49 posts, read 107,236 times
Reputation: 20
Quote:
Originally Posted by cubssoxfan View Post
iDK, Sarahbeth, YOU seem to be the one with the need to 'be right". Are you always this tenaciously argumentative, or is being under the weather making you grumpy?

Hope you feel better.
Probably both. It's what I do. I'm an accountant and specialize in forensics and fraud. In a dispute, I advocate for my client, while the opposition has their own accountant advocate for theirs. I know their accountant's opinion is going to be the exact opposite of mine. Their attorneys will attempt to rip my position to shreds, while mine client's attorneys will be doing the same to theirs. That's a given, but it's about the only given.

It's all a matter of opinion. If both sides didn't think they were in the right, they wouldn't be in a dispute.

If you think that because accounting deals with numbers that it's pretty straight forward? Well, for our final exam in advanced tax preparation, we were given the exact same complex tax return to prepare. There were 28 students, who prepared 28 completely different returns, and none of them were wrong either. With complex, potentially contentious issues, there can be a wide number of positions that can be taken, so you make a judgement call, and take a position. Unless those EXACT issues have been taken to tax court for resolution, providing there's a solid basis for the position taken, no one opinion is superior to another.

The law is not that black and white, there's lots and lots of grey areas, and every situation is different. So it's pretty rare that anyone can say, with any degree of certainty, what's going to happen in court. They just can't, because they don't know. No one does.

So anyone who claims that they KNOW for a fact that you can't win a case in court? Oh, I don't think so. It's just not true.

Even a 1st year law student should know this, especially since to gain acceptance to law school, first requires completion of a 4 year degree at an accredited university, where they certainly should have learned all about professional judgement calls, and opinions.

Quote:
Originally Posted by Drover View Post
Go hump someone else's leg for a while.
Please oh please invite me to your first case. I want to be there when you use that one in court.

Last edited by sarabeth1111; 12-16-2011 at 06:15 AM..
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