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  1. Can a parole officer require the collection of court fees that have been written off by order of the court? I have attached a partial copy of one of the Orders. If possible, please provide any citation to authority if possible. Thanks!
  2. The law states that groups A B or C are exempt for reason Y. Clearly, the intent of the law, as written, is to allow police the use of unmarked vehicles for undercover or special investigations, and those purposes ONLY. Anyone who paid attention in 4th grade during sentence diagramming can clearly see this. So, unless you are the subject of an ongoing undercover or special (which could have broad meaning but does not encompass a split second decision to pull you over or not pull you over for a traffic violation) investigation and you are pulled over by ANY police officer who is in an unmarked car (and, the standards for "marking" are clearly called in the statute as well, and lights and a grill commonly used by police do not meet the standard), THAT OFFICER IS ACTING UNLAWFULLY (this is stated at the beginning of the statute). I would not cooperate with the officer, which could lead to my arrest, but that would give me an immediate chance to fight the unlawful behavior by the officer. Now, am I guaranteed a win in court? No, but should I be granted a probable cause hearing by a judge who is fluent in English and has some modicum of respect for the law, I should easily find my motion granted and the case dropped. The real trick would be convincing the judge to then issue a warrant for the officers arrest (unlawful detainment among other things). I don't think my chances here would be more than 1 in a metric **** ton, but I would remind the judge how many times I've been told that ignorance of the law is not a defense, and that illegal is illegal no matter who perpetrates the crime. I'm pretty sure I'll get laughed out of court as the prosecutor has his or her tail between their legs, having been quickly bested by someone without a bar card, but with some sense of satisfaction that I was mocked on my way out of court. At least that's what's happened the 3 other times I had cases dismissed in motions court, pro se. I swear, lawyers are great with procedure and sometimes their familiarity with the judges and clerks has value, but they are the only people who know less about the actual law than I do.
  3. U.S. SUPREME COURT AND OTHER HIGH COURT CITATIONS PROVING THAT NO LICENSE IS NECESSARY FOR NORMAL USE OF AN AUTOMOBILE ON COMMON WAYS Thompson v.Smith, 154 SE 579, 11 American Jurisprudence, Constitutional Law, section 329, page 1135 “The right of the Citizen to travel upon the public highways and to transport his property thereon, in the ordinary course of life and business, is a common right which he has under the right to enjoy life and liberty, to acquire and possess property, and to pursue happiness and safety. It includes the right, in so doing, to use the ordinary and usual conveyances of the day, and under the existing modes of travel, includes the right to drive a horse drawn carriage or wagon thereon or to operate an automobile thereon, for the usual and ordinary purpose of life and business.” – Thompson vs. Smith, supra.; Teche Lines vs. Danforth, Miss., 12 S.2d 784 “… the right of the citizen to drive on a public street with freedom from police interference… is a fundamental constitutional right” -White, 97 Cal.App.3d.141, 158 Cal.Rptr. 562, 566-67 (1979) “citizens have a right to drive upon the public streets of the District of Columbia or any other city absent a constitutionally sound reason for limiting their access.” Caneisha Mills v. D.C. 2009 “The use of the automobile as a necessary adjunct to the earning of a livelihood in modern life requires us in the interest of realism to conclude that the RIGHT to use an automobile on the public highways partakes of the nature of a liberty within the meaning of the Constitutional guarantees. . .” Berberian v. Lussier (1958) 139 A2d 869, 872, See also: Schecter v. Killingsworth, 380 P.2d 136, 140; 93 Ariz. 273 (1963). “The right to operate a motor vehicle [an automobile] upon the public streets and highways is not a mere privilege. It is a right of liberty, the enjoyment of which is protected by the guarantees of the federal and state constitutions.” Adams v. City of Pocatello, 416 P.2d 46, 48; 91 Idaho 99 (1966). “A traveler has an equal right to employ an automobile as a means of transportation and to occupy the public highways with other vehicles in common use.” Campbell v. Walker, 78 Atl. 601, 603, 2 Boyce (Del.) 41. “The owner of an automobile has the same right as the owner of other vehicles to use the highway,* * * A traveler on foot has the same right to the use of the public highways as an automobile or any other vehicle.” Simeone v. Lindsay, 65 Atl. 778, 779; Hannigan v. Wright, 63 Atl. 234, 236. “The RIGHT of the citizen to DRIVE on the public street with freedom from police interference, unless he is engaged in suspicious conduct associated in some manner with criminality is a FUNDAMENTAL CONSTITUTIONAL RIGHT which must be protected by the courts.” People v. Horton 14 Cal. App. 3rd 667 (1971) “The right to make use of an automobile as a vehicle of travel long the highways of the state, is no longer an open question. The owners thereof have the same rights in the roads and streets as the drivers of horses or those riding a bicycle or traveling in some other vehicle.” House v. Cramer, 112 N.W. 3; 134 Iowa 374; Farnsworth v. Tampa Electric Co. 57 So. 233, 237, 62 Fla. 166. “The automobile may be used with safety to others users of the highway, and in its proper use upon the highways there is an equal right with the users of other vehicles properly upon the highways. The law recognizes such right of use upon general principles. Brinkman v Pacholike, 84 N.E. 762, 764, 41 Ind. App. 662, 666. “The law does not denounce motor carriages, as such, on public ways. They have an equal right with other vehicles in common use to occupy the streets and roads. It is improper to say that the driver of the horse has rights in the roads superior to the driver of the automobile. Both have the right to use the easement.” Indiana Springs Co. v. Brown, 165 Ind. 465, 468. U.S. Supreme Court says No License Necessary To Drive Automobile On Public Highways/Streets No License Is Necessary Copy and Share Freely YHVH.name 2 2 “A highway is a public way open and free to any one who has occasion to pass along it on foot or with any kind of vehicle.” Schlesinger v. City of Atlanta, 129 S.E. 861, 867, 161 Ga. 148, 159; Holland v. Shackelford, 137 S.E. 2d 298, 304, 220 Ga. 104; Stavola v. Palmer, 73 A.2d 831, 838, 136 Conn. 670 “There can be no question of the right of automobile owners to occupy and use the public streets of cities, or highways in the rural districts.” Liebrecht v. Crandall, 126 N.W. 69, 110 Minn. 454, 456 “The word ‘automobile’ connotes a pleasure vehicle designed for the transportation of persons on highways.” -American Mutual Liability Ins. Co., vs. Chaput, 60 A.2d 118, 120; 95 NH 200 Motor Vehicle: 18 USC Part 1 Chapter 2 section 31 definitions: “(6) Motor vehicle. – The term “motor vehicle” means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways…” 10) The term “used for commercial purposes” means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit. “A motor vehicle or automobile for hire is a motor vehicle, other than an automobile stage, used for the transportation of persons for which remuneration is received.” -International Motor Transit Co. vs. Seattle, 251 P. 120 The term ‘motor vehicle’ is different and broader than the word ‘automobile.’” -City of Dayton vs. DeBrosse, 23 NE.2d 647, 650; 62 Ohio App. 232 “Thus self-driven vehicles are classified according to the use to which they are put rather than according to the means by which they are propelled” – Ex Parte Hoffert, 148 NW 20 ” The Supreme Court, in Arthur v. Morgan, 112 U.S. 495, 5 S.Ct. 241, 28 L.Ed. 825, held that carriages were properly classified as household effects, and we see no reason that automobiles should not be similarly disposed of.” Hillhouse v United States, 152 F. 163, 164 (2nd Cir. 1907). “…a citizen has the right to travel upon the public highways and to transport his property thereon…” State vs. Johnson, 243 P. 1073; Cummins vs. Homes, 155 P. 171; Packard vs. Banton, 44 S.Ct. 256; Hadfield vs. Lundin, 98 Wash 516, Willis vs. Buck, 263 P. l 982; Barney vs. Board of Railroad Commissioners, 17 P.2d 82 “The use of the highways for the purpose of travel and transportation is not a mere privilege, but a common and fundamental Right of which the public and the individual cannot be rightfully deprived.” Chicago Motor Coach vs. Chicago, 169 NE 22; Ligare vs. Chicago, 28 NE 934; Boon vs. Clark, 214 SSW 607; 25 Am.Jur. (1st) Highways Sect.163 “the right of the Citizen to travel upon the highway and to transport his property thereon in the ordinary course of life and business… is the usual and ordinary right of the Citizen, a right common to all.” – Ex Parte Dickey, (Dickey vs. Davis), 85 SE 781 “Every Citizen has an unalienable RIGHT to make use of the public highways of the state; every Citizen has full freedom to travel from place to place in the enjoyment of life and liberty.” People v. Nothaus, 147 Colo. 210. “No State government entity has the power to allow or deny passage on the highways, byways, nor waterways… transporting his vehicles and personal property for either recreation or business, but by being subject only to local regulation i.e., safety, caution, traffic lights, speed limits, etc. Travel is not a privilege requiring licensing, vehicle registration, or forced insurances.” Chicago Coach Co. v. City of Chicago, 337 Ill. 200, 169 N.E. 22. “Traffic infractions are not a crime.” People v. Battle “Persons faced with an unconstitutional licensing law which purports to require a license as a prerequisite to exercise of right… may ignore the law and engage with impunity in exercise of such right.” Shuttlesworth v. Birmingham 394 U.S. 147 (1969). U.S. Supreme Court says No License Necessary To Drive Automobile On Public Highways/Streets No License Is Necessary Copy and Share Freely YHVH.name 3 “The word ‘operator’ shall not include any person who solely transports his own property and who transports no persons or property for hire or compensation.” Statutes at Large California Chapter 412 p.83 “Highways are for the use of the traveling public, and all have the right to use them in a reasonable and proper manner; the use thereof is an inalienable right of every citizen.” Escobedo v. State 35 C2d 870 in 8 Cal Jur 3d p.27 “RIGHT — A legal RIGHT, a constitutional RIGHT means a RIGHT protected by the law, by the constitution, but government does not create the idea of RIGHT or original RIGHTS; it acknowledges them. . . “ Bouvier’s Law Dictionary, 1914, p. 2961. “Those who have the right to do something cannot be licensed for what they already have right to do as such license would be meaningless.” City of Chicago v Collins 51 NE 907, 910. “A license means leave to do a thing which the licensor could prevent.” Blatz Brewing Co. v. Collins, 160 P.2d 37, 39; 69 Cal. A. 2d 639. “The object of a license is to confer a right or power, which does not exist without it.” Payne v. Massey (19__) 196 SW 2nd 493, 145 Tex 273. “The court makes it clear that a license relates to qualifications to engage in profession, business, trade or calling; thus, when merely traveling without compensation or profit, outside of business enterprise or adventure with the corporate state, no license is required of the natural individual traveling for personal business, pleasure and transportation.” Wingfield v. Fielder 2d Ca. 3d 213 (1972). “If [state] officials construe a vague statute unconstitutionally, the citizen may take them at their word, and act on the assumption that the statute is void.” – Shuttlesworth v. Birmingham 394 U.S. 147 (1969). “With regard particularly to the U.S. Constitution, it is elementary that a Right secured or protected by that document cannot be overthrown or impaired by any state police authority.” Donnolly vs. Union Sewer Pipe Co., 184 US 540; Lafarier vs. Grand Trunk R.R. Co., 24 A. 848; O’Neil vs. Providence Amusement Co., 108 A. 887. “The right to travel (called the right of free ingress to other states, and egress from them) is so fundamental that it appears in the Articles of Confederation, which governed our society before the Constitution.” (Paul v. Virginia). “[T]he right to travel freely from State to State … is a right broadly assertable against private interference as well as governmental action. Like the right of association, it is a virtually unconditional personal right, guaranteed by the Constitution to us all.” (U.S. Supreme Court, Shapiro v. Thompson). EDGERTON, Chief Judge: “Iron curtains have no place in a free world. …’Undoubtedly the right of locomotion, the right to remove from one place to another according to inclination, is an attribute of personal liberty, and the right, ordinarily, of free transit from or through the territory of any State is a right secured by the Constitution.’ Williams v. Fears, 179 U.S. 270, 274, 21 S.Ct. 128, 45 L.Ed. 186. “Our nation has thrived on the principle that, outside areas of plainly harmful conduct, every American is left to shape his own life as he thinks best, do what he pleases, go where he pleases.” Id., at 197. Kent vs. Dulles see Vestal, Freedom of Movement, 41 Iowa L.Rev. 6, 13—14. “The validity of restrictions on the freedom of movement of particular individuals, both substantively and procedurally, is precisely the sort of matter that is the peculiar domain of the courts.” Comment, 61 Yale L.J. at page 187. “a person detained for an investigatory stop can be questioned but is “not obliged to answer, answers may not be compelled, and refusal to answer furnishes no basis for an arrest.”Justice White, Hiibel “Automobiles have the right to use the highways of the State on an equal footing with other vehicles.” Cumberland Telephone. & Telegraph Co. v Yeiser 141 Kentucy 15. “Each citizen has the absolute right to choose for himself the mode of conveyance he desires, whether it be by wagon or carriage, by horse, motor or electric car, or by bicycle, or astride of a horse, subject to the sole condition that he will observe all those requirements that are known as the law of the road.” Swift v City of Topeka, 43 U.S. Supreme Court says No License Necessary To Drive Automobile On Public Highways/Streets No License Is Necessary Copy and Share Freely YHVH.name 4 Kansas 671, 674. The Supreme Court said in U.S. v Mersky (1960) 361 U.S. 431: An administrative regulation, of course, is not a “statute.” A traveler on foot has the same right to use of the public highway as an automobile or any other vehicle. Other right to use an automobile cases: – EDWARDS VS. CALIFORNIA, 314 U.S. 160 – TWINING VS NEW JERSEY, 211 U.S. 78 – WILLIAMS VS. FEARS, 179 U.S. 270, AT 274 – CRANDALL VS. NEVADA, 6 WALL. 35, AT 43-44 – THE PASSENGER CASES, 7 HOWARD 287, AT 492 – U.S. VS. GUEST, 383 U.S. 745, AT 757-758 (1966) – GRIFFIN VS. BRECKENRIDGE, 403 U.S. 88, AT 105-106 (1971) – CALIFANO VS. TORRES, 435 U.S. 1, AT 4, note 6 – SHAPIRO VS. THOMPSON, 394 U.S. 618 (1969) – CALIFANO VS. AZNAVORIAN, 439 U.S. 170, AT 176 (1978) Look the above citations up in American Jurisprudence. Some citations may be paraphrased.
  4. No, it is not true that you may drive on the roads of any state without a driver's license. The sites on the internet that promote that idea badly mischaracterizes the law. That slew of case law that you posted does not, unfortunately, stand for the proposition that whomever posted it says it does. What the authors of sites promoting this idea do is take quotes in cases that have have nothing to do with licensing at all or take the quotes out of context because the quotes sound good for the argument they wish to make. But should you try arguing those cases in court on a citation for driving without a license you will lose. When faced squarely with the issue of whether a license is required, the courts have universally said the answer is yes. I will give you a few of the cases in which the constitutionality of state laws requiring driver’s licenses has been upheld. Let’s start with the highest court in the land, the U.S. Supreme Court: Reitz v. Mealey, 314 U.S. 33, 36, 62 S. Ct. 24, 26–27, 86 L. Ed. 21 (1941). And as you put Oregon as your state, the Ninth Circuit Court of Appeals (which is the federal appellate court that covers Oregon) explained why a driver’s license does not violate the right to travel: Miller v. Reed, 176 F.3d 1202, 1205–06 (9th Cir. 1999). Other circuits have reached the same conclusion: Matthew v. Honish, 233 F. App'x 563, 564 (7th Cir. 2007). Duncan v. Cone, No. 00-5705, 2000 WL 1828089, at *2 (6th Cir. Dec. 7, 2000). The above are cases in which the constitutionality of driver's license laws were specifically addressed, unlike the cases you cited. And as you can see, the courts, including the U.S. Supreme Court, have found that driver's license laws do not violate the Constitution.
  5. Ok i just parked my truck in a walmart parking my mission was just to grab a gallon of milk when 2 police cruisers pulled up in front and behind me and started asking questions when my truck was turned off then the officer noticed something in the door trim above my head then searched the truck my question is is it legal or not for them to have made contact with me and then send the suspected drugs to the lab and then issue an indictment for my arrest...?
  6. I recently received notice that I was issued 4 traffic citations that were not paid and guilty in absentia. Failure to maintain proper control of vehicle, expired registration, expired inspection and no operators license. These infractions were in Virginia where I used to live and I have moved to Texas since then and was working in Texas the date and time of the infraction. When i I got the notices in the mail, I immediately called the va court to contest, they gave me the troopers contact to discuss with him. I got hold of the trooper and he FaceTimed me and immediately realized I was not the person he had issued the citations to. Since he knows that it wasn’t me, does he have a legal obligation to go to court and clear my record of those violations before any further harm is done to my record?
  7. Diagnosed with terminal cancer, whereas the Dr. predicts approx. 2 - 3 weeks to live. Bench warrant for past traffic infraction. Will I be locked up?
  8. The law on being in the intersection varies by state and we don't know what state the OP's daughter was in. When I last got a red light ticket it was in Louisiana: Vehicular traffic facing a steady yellow signal alone is thereby warned that the related green signal is being terminated or that a red signal will be exhibited immediately thereafter and such vehicular traffic shall not enter or be crossing the intersection when the red signal is exhibited.
  9. My daughter was recently involved in a traffic accident. While waiting to turn left at an intersection, the light turned yellow, then red. As she was already out into the intersection she went to complete her turn. A driver traveling in the opposite direction ran the red light that had just turned and hit her head on. The other driver was ticketed at the scene for failing to stop at the red light. There was also a witness that informed police on the scene that the other driver had ran the red light causing the accident. The other driver's insurance company is saying they are only assuming 70% liability, even after receiving the police report that stated that their insured had ran the red light. What recourse do we have in this situation?
  10. Thank you for all of the replies. The state is Illinois, my daughter entered the intersection on a green arrow that then went to all green so she was stopped in the intersection when the light was green. Once the light turned red she observed the other oncoming traffic slowing to a stop and proceed to complete her turn. The other driver ran through the red light. Police officer on scene ticketed the other driver (my daughter never received a ticket) and the police report has the police officer stating the same. There was also a separate witness statement taken at the scene that stated the other driver slowed while approaching the intersection when the light turned red and then suddenly accelerated to run the light. This is why I am not understanding how the other insurance company can possibly attribute any liability to my daughter.
  11. what does this mean 2018 North Carolina General Statutes Chapter 50 - Divorce and Alimony Article 1 - Divorce, Alimony, and Child Support, Generally. § 50-16.3A - Alimony. Universal Citation: NC Gen Stat § 50-16.3A (2018) 10. The relative assets and liabilities of the spouses and the relative debt service requirements of the spouses, including legal obligations of support;
  12. Uh huh.... Assuming that left turns were legal at the intersection and that the daughter did not have a green turn arrow, the OP described that her daughter entered the intersection with the intent to turn left, which is legal. The daughter was obligated to wait where she was until it was safe to make the left turn. Apparently, traffic heading the opposite direction was such that it did not become safe until after the light that the daughter was facing had turned red. That is not "running a red light" or otherwise illegal. That said, it's still possible that the 30% liability that the other driver's insurer assigned to the OP's daughter is reasonable since it obviously was not safe for the daughter to turn. However, it's not possible for us to assess that intelligently based on the information provided.
  13. We found out that my husband supposedly received a ticket for no insurance on 23 Aug 1997. That became a arrest warrant on 8 Mar 2008. It is now Feb 2015! My husband has been stopped since then, he went to take his state inspectors test, has had a couple of background checks and the Navy has done a security search for his security clearance. At NOW time has this thing showed up. Can they do this?
  14. I was issued a traffic citation for turning right on a red light, where it is posted "no right turn on red". However the CHPD officer that wrote me the citation wrote down my drivers license number incorrectly. What should I do? Should I call the court?
  15. Since a picture is worth a thousand words, I was trying to make things concise. So, here's the thousand words route: I was issued citations by Denver due to failure to remove debris from my backyard, as previously stated. The motion filed by the city lawyers says: "Motion for Judgment on the Pleadings" The plaintiff moves the court to enter judgment on the pleadings and as grounds therefore states as follow: In his answer, the defendant states: the rubbish cited in the original citation was collected in waste disposal containers under contract to be removed within three days of the citation. The citation shouldn't have been issued for this. The rubbish cited in the 2nd citation was also organized in waste disposal containers being prepared for professional removal. The appeal for the citations was attempted with a 10 day. But any appeal specifically excluded contesting the validity of the citations. This process was therefore useless in my case. The rubbish was produced by repeated street flooding for which the City of Denver takes no responsibility for, but which caused property damage of at least $20,000 with the destruction of the contents of my basement including furnace and hot water heater. The property damage rendered my house unliveable and caused me to borrow and spend $33,000 for housing my family (which includes 3 special-needs minors) for six months. This disaster was overwhelming and traumatizing to me personally and required me to prioritize my family's well-being and the recovery of my property over the superficial appearance of the property. Due to the nature of the disaster which I did not cause on my property it was unreasonable to expect any homeowner with my means to comply with the time limits of the citation. To this day my basement is unusable and unlivable. CRCP 312(c) provides that a party waves all the fences in objections which are not raise and his or her answer. The defendant fails to raise an adequate defense of objection and equity or in law. The reverse side of that administrative citation provided the requirement for the defendant to administratively appeal the citation within 10 days of the service of the citation. The defendant failed to exhaust is administrative remedies. See City and County of Denver vs United airlines, 8 P. 3rd 1206 (COLO 2000). Thus the defendant has no defense to plaintiffs claims. The defendant states he attempted the appeal however he never perfected the appeal asserting that the appeal process excluded contesting the validity of the citation. The Colorado Court of Appeals clearly sets forth the requirement that there must be an exhaustion of administrative remedies before a court has subject matter jurisdiction. The defendant was provided with complete adequate and speedy administrative remedies. Defendant however did not pursue his administrative of remedies nor establish an exception to the exhaustion requirement. The defendant is in error as to stating that the appeal does not go to the validity of the citation as shown in Article XII Administrative Citations Section 2–286 Appeal of Administrative Citation. The applicable city ordinances are provided below: >>>>>> Sec. 48-43. - Improper accumulation and storage; abatement. <<<<<<<< (a) The manager of environmental health, the manager of public works, the manager of community planning and development, the manager of aviation, the director of development services, or any of the authorized representatives of them or any of them, may order the owner, occupant or agent of the owner of any premises upon which there is an accumulation or storage of any trash to remove the same within a reasonable time if such accumulation is: (1) Offensive to sight; (2) In a condition which fosters the propagation of rats or vermin or flies or other insects; (3) Otherwise insanitary, prejudicial or in any manner hazardous to the public health; or (4) Disposed in violation of any ordinance or regulation. (b) Such order shall be made in writing, delivered whenever feasible, personally to the owner, occupant or agent of the owner, or, where such personal delivery is not feasible, posted conspicuously at the premises. (c) Such order shall specify a reasonable period within which compliance shall be had. (d) For purposes of ascertaining violations of this section and investigating complaints made hereunder, whenever reasonable cause for investigation appears, the right of entry onto any premises at any reasonable time to conduct a reasonable inspection or investigation is hereby granted to the manager of environmental health, the manager of public works, the manager of community planning and development, the manager of aviation, the director of development services, and the authorized representatives of them or any of them. (e) If any order lawfully issued pursuant to subsection (a) is not complied within such reasonable time as is specified therein, the manager of environmental health, the manager of public works, the manager of community planning and development, the manager of aviation, the director of development services, or the authorized representatives of any of them may, after notice to persons of record interest in the property, order the particular instance of improper accumulation or storage of trash removed by the city and the persons of record interest shall be responsible for the costs and expenses of removal. The procedures outlined in subsection (h) for the collection of the costs and expenses thereof shall apply additionally to the penalty by this Code provided. (f) It shall be unlawful to refuse to comply with any order lawfully issued in pursuance of subsection (a). (g) It shall be unlawful to hinder, prevent or refuse to permit any lawful inspection or investigation authorized in pursuance of subsection (d). (h) If the owner, occupant or agent of the owner shall fail within thirty (30) days after billing to pay the costs and expenses of the removal of the improper accumulation or storage of trash by the city, a lien may be assessed against the property for such costs. To initiate such a lien, the manager of environmental health, the manager of public works, the manager of community planning and development, the manager of aviation, the director of development services, or the authorized representatives of any of them shall certify a statement thereof to the manager of finance who shall record a notice of such lien with the clerk and recorder. An action or other process provided by law may be maintained by the city to recover or collect any amounts, including interest and administrative costs, owing under this provision. (Code 1950, § 352.7; Ord. No. 1110-96, § 1, 12-16-96; Ord. No. 464-98, § 3, 7-6-98; Ord. No. 775-07, § 77, 12-26-07; Ord. No. 425-10, § 2, 8-9-10) ARTICLE III. - MAINTENANCE OF LANDSCAPING AND CLEARING UNATTENDED VEGETATION[3] >>>>>> Sec. 57-43. - Violation. <<<<<<<<< >>>> (a) Every owner and responsible party who fails to keep private property clear of unattended vegetation is in violation of this article and subject to the remedies and enforcement specified herein. This subsection (a) shall not apply to the federal, state, special district, and municipal governments and their departments and agencies. * ARTICLE XII. - ADMINISTRATIVE CITATIONS * Sec. 2-281. - In general. (a) This article provides for administrative penalties that may be imposed for violation of the Denver Revised Municipal Code. (b) The purpose of this article is to encourage prompt compliance with the Code and prompt payment of penalties assessed. (Ord. No. 58-08, § 1, 2-4-08) * Sec. 2-282. - Definitions. For the purposes of this article the following terms shall have the meanings assigned to them below. (a) Administrative hearing officer (AHO): A person appointed by a manager to hear appeals of administrative citations. (b) Enforcement official: A person employed by the city and charged by a manager with enforcing the ordinances of the city. (c) Manager: The manager of a department of the city or such manager's designee. Unless otherwise specifically stated, wherever "manager" is used in this article it shall mean any manager responsible for enforcing a violation and issuing an administrative citation. (d) Responsible party: A person or entity who is suspected of having violated the Code or, in the case of property violations, the property owner, or an individual or an entity who, acting as an agent for or other legal capacity on behalf of the owner, has authority over property subject to an administrative citation under this article, or in the case of animal violations, the person who owns, possesses, keeps, exercises control over, maintains, harbors, transports or sells the animal or animals which are the subject of an animal code violation. (e) Rules and regulations: Such procedures and requirements as are adopted through a rulemaking process as set forth in article VI of this chapter or as provided by ordinance for any specific department. (Ord. No. 58-08, § 1, 2-4-08) * Sec. 2-283. - Authority. (a) Any responsible party violating provisions of the Code may be issued an administrative citation by an enforcement official as provided in this article. (b) Administrative citations for all violations of the Code shall be issued only after the responsible party has received notice of violation and time to comply as provided in the underlying ordinance unless because of the nature of the offense immediate compliance is required; further, any appeal process provided in the underlying ordinance or the charter of the city shall be completed prior to issuance of an administrative citation. Completion of the appeal process specifically includes situations where the time to appeal has run and no appeal has been filed. Where there is an appeal process provided in the underlying ordinance and that process has been completed an appeal of a subsequently issued administrative citation shall only relate to whether the processes for issuance of the citation were properly followed and shall not consider the merits of the underlying violation. (c) Each day a violation exists or continues shall constitute a separate and distinct violation for which a separate citation may be issued. However, unless the manager determines that continued violations would cause immediate peril to life or property or the offense is one that, because of the nature of the offense, requires immediate compliance, once a citation has been issued for a violation of the Code, no additional citation shall be issued for the same violation for ten (10) days or, if the responsible party appeals, until after the appeal has been heard and the responsible party has not complied with an order of the administrative hearing officer (AHO) within ten (10) days of its issuance or such other time as the AHO has specified. If the manager determines that continued violations would cause immediate peril to life or property or is of a nature that requires immediate compliance, an additional citation may be issued each day the violation continues. (d) A civil penalty assessed by means of an administrative citation issued by the enforcement official shall be payable directly to the manager of finance, and if not timely paid may be collected in accordance with the procedures specified in this chapter. (e) Enforcement actions are intended to be cumulative in nature. The city may pursue one (1) or more civil, criminal, and administrative actions, fees, fines, sentences, penalties, judgments, and remedies and may do so simultaneously or in succession. (f) Managers are authorized to promulgate rules and regulations to implement the use of administrative citations by their departments. (Ord. No. 58-08, § 1, 2-4-08) * Sec. 2-284. - Procedures. (a) Upon discovering a violation of the Code and after having complied with subsection 2-283(b), an enforcement official may issue an administrative citation to a responsible party on a form as specified by rules and regulations. (b) The enforcement official may require that the responsible party provide evidence of identity and residential or employment address. It shall be unlawful for any person to refuse or fail to provide such evidence of identity and residential or employment address. (c) The enforcement official shall attempt to issue the administrative citation to the responsible party at the site of any violation or at the responsible party's business or personal address. If the responsible party is not located, a copy of the administrative citation shall be left with any adult person residing or working at the site or at the responsible party's business or personal address, or if no adult person is found at the site or at the responsible party's business or personal address and the violation occurred on private property or on property for which the responsible party has responsibility under an ordinance, then a copy of the administrative citation shall be posted in a conspicuous place on the property on which the violation occurred. If the responsible party is not located, and the offense occurred on public property or on private property for which the responsible party does not have responsibility under an ordinance, then a copy of the administrative citation shall be left with any adult person residing or working at the responsible party's business or personal address or if no adult person is found, the administrative citation shall be posted in a conspicuous place on the property of the responsible party. (d) The enforcement official shall attempt to obtain the signature of the person receiving the administrative citation on the citation. If that person refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation and subsequent proceedings. (e) If the enforcement official is unable to issue the administrative citation directly to the responsible party, then, in addition to posting as described in [subsection] (c) above, the administrative citation shall be sent via first class mail to the responsible party. In the case of violations occurring on private property or on property for which the responsible party has responsibility under an ordinance, the administrative citation shall be sent to the most recent mailing address contained in the city's assessment division records for the property in violation or the property of the responsible party. In the case of violations occurring off of private property for which the responsible party has legal responsibility, the administrative citation shall be sent to the most recent mailing address of the responsible party contained in the records of any municipal, state or federal agency, including but not limited to the Colorado Department of Motor Vehicles. (f) Notice shall be deemed served on the date of receipt by the responsible party, if personally served, or upon the fifth day after mailing of the administrative citation or posting of the property, whichever is later. (Ord. No. 58-08, § 1, 2-4-08) * Sec. 2-285. - Contents of notice. (a) The administrative citation shall state the date and location of the violation and the approximate time the violation was observed. When applicable, the administrative citation shall identify the property in violation by address or legal description. (b) The administrative citation shall refer to the code section violated and describe the violation. (c) When applicable, the administrative citation shall describe the action required to correct the violation. (d) When applicable, the administrative citation shall require the responsible party to immediately correct the violation and shall explain the consequences of failure to correct the violation. (e) The administrative citation shall state the amount of penalty imposed for the violation. (f) The administrative citation shall explain how the penalty shall be paid, the time period by which it shall be paid, and the consequences of failure to pay the penalty. (g) The administrative citation shall briefly state the process for appealing the administrative citation. (h) The administrative citation shall contain the signature of the enforcement official and the signature of the responsible party if it can be obtained. (Ord. No. 58-08, § 1, 2-4-08) >>>>>>> * Sec. 2-286. - Appeal of administrative citation. <<<<<< (a) A person served with an administrative citation may file a notice of appeal within ten (10) calendar days from the service of the notice. Compliance with this time limit shall be a jurisdictional prerequisite to any appeal brought under this article, and failure to comply shall bar any such appeal. (b) The notice of appeal shall be made in writing and filed with the manager pursuant to the rules and regulations of the department issuing the administrative citation. (c) As soon as practicable after receiving the written notice of appeal, the manager shall appoint an AHO who shall schedule a date, time and location for the hearing. (d) Written notice of the date, time and location of the hearing shall be personally served upon or sent by first class mail to the responsible party at least ten (10) calendar days prior to the date of the hearing. (e) For appeals of citations for violations that the manager has determined would cause immediate peril to life or property, or is of a nature that requires immediate compliance, the AHO shall determine the validity of all outstanding citations for said violation as of the date of the hearing. (Ord. No. 58-08, § 1, 2-4-08) * Sec. 2-287. - Administrative hearing officers. (a) The qualifications, appointment and duties of AHOs shall be as provided in rules and regulations. (b) Any person designated to serve as an AHO is subject to disqualification for bias, prejudice, interest, or for any other reason for which a judge may be disqualified in a court of law. (Ord. No. 58-08, § 1, 2-4-08) * Sec. 2-288. - Procedures at administrative hearings. (a) Administrative hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply. The procedure and format of the administrative hearing shall follow procedures as provided in the rules and regulations. Unless the party appealing the administrative citation objects, hearings shall be open to the public. (b) The parties to an administrative hearing shall be the responsible party and the affected city department. Parties may be represented by legal counsel. Parties may present evidence; call and question witnesses and cross examine witnesses called by other parties. (c) The AHO, at the request of any party to the hearing, may subpoena witnesses, documents and other evidence where the attendance of the witness or the admission of evidence is deemed necessary to decide the issues at the hearing. All costs related to the subpoena, including witness and mileage fees, shall be borne by the party requesting the subpoena. The form of, and the process for issuing, subpoenas shall be as provided by rules and regulations of the department issuing the citation. The AHO may allow witnesses, other than the responsible party and the investigating enforcement officer, to testify by telephone, provided neither party objects and both parties acknowledge the identity of the witness. (d) The AHO shall have the power to call and question witnesses, to review and consider the relevancy and probative weight of testimony, documentary or other tangible evidence, to rule on evidentiary questions and witness qualifications, and to generally conduct the hearing in conformance with the procedures and requirements set forth herein and as provided by the rules and regulations of the department issuing the citation. (e) The city bears the burden of proof at an administrative appeal to establish the existence of a violation of the Code. In the case of a hearing regarding the abatement of a nuisance, the city bears the burden to prove the existence of a public nuisance. (f) The standard of proof to be used by the AHO in deciding the issues at an administrative hearing is by a preponderance of the evidence. (Ord. No. 58-08, § 1, 2-4-08) * Sec. 2-289. - Failure to obey subpoena. It shall be unlawful for any person to refuse to obey a subpoena issued by an AHO. Failure to obey a subpoena constitutes contempt and may be criminally prosecuted and have penalties imposed under subsection 1-13(a). (Ord. No. 58-08, § 1, 2-4-08) * Sec. 2-290. - Failure to attend administrative hearing. Any responsible party who fails to appear at the hearing is deemed to waive the right to a hearing and the adjudication of the issues related to the hearing, provided that proper notice of the hearing has been provided. (Ord. No. 58-08, § 1, 2-4-08) * Sec. 2-291. - Administrative enforcement order. (a) The decision of the AHO shall be entitled "administrative enforcement order" and shall be issued in accordance with the rules and regulations of the department issuing the administrative citation. (b) As part of the administrative enforcement order, the AHO shall issue a final decision regarding the violations alleged in and penalties assessed by the administrative citation. The order shall: (1) Uphold the administrative citation and penalties as to any violation proven by the city; (2) Dismiss the administrative citation and penalties as to any violation not proven by the city; and (3) Require payment of any outstanding assessed penalties and costs by a specified date. (c) As part of the administrative enforcement order, the AHO may: (1) Waive the penalty for a real property violation, but only where the responsible party has provided clear and convincing evidence of complete compliance prior to the date of the service of the administrative citation; (2) Reduce the penalties for a real property violation, but only where the responsible party has provided clear and convincing evidence of both complete compliance prior to the hearing and also justifiable neglect for a failure to comply earlier, provided however that claims of insufficient financial resources shall not constitute justifiable neglect; (3) Conditionally reduce the penalties where the order imposes conditions and deadlines to correct violations upheld and order the stay of the issuance of additional administrative citations for those same violations upon full compliance with the conditions and deadlines imposed in the administrative enforcement order. (d) If the AHO does not dismiss the administrative citation in its entirety, the AHO shall assess reasonable administrative costs as established in the rules and regulations of the department issuing the administrative citation. (e) The administrative enforcement order shall become final on the date of mailing of the order to the responsible party. A copy of the order shall be provided to the city. (f) The administrative enforcement order may be appealed to Denver District Court under the provisions of Colorado Rule of Civil Procedure 106(a)(4) within thirty (30) days of the date the order becomes final. (Ord. No. 58-08, § 1, 2-4-08) * Sec. 2-292. - Failure to comply with administrative enforcement order. (a) It shall be unlawful for a responsible party who has been served with a copy of the final administrative enforcement order to fail to comply with the order. Failure to comply with a final administrative enforcement order may be criminally prosecuted and have penalties imposed under subsection 1-13(a). (b) If a responsible party fails to comply with a final administrative enforcement order for an administrative citation issued for a violation of the code and the city subsequently corrects the violation, then either: (i) Civil penalties assessed pursuant to Code section 2-292 of this article, or (ii) the whole cost to the city of correcting said violation plus five (5) percent of the cost for on and other incidental costs in connection therewith, whichever is higher, shall be automatically assessed and become a lien on the property and such lien shall be automatically perfected and have priority over all other liens except general taxes and prior special assessments. (c) If an assessment is not paid within the time provided for in the administrative enforcement order then the assessment shall be certified to the city treasurer who shall collect the assessment, together with a ten percent penalty for the cost of assessment, under the same laws in the same manner as ad valorem property taxes are collected, including, but not limited to the laws for the sale and redemption of ad valorem property for taxes. (Ord. No. 58-08, § 1, 2-4-08) * Sec. 2-293. - Penalties assessed. (a) Each manager may establish policies to assist in the assessment of civil penalties for administrative citations issued by the manager's department. (b) If the responsible party fails to correct the violation cited, commits the same violation again, or fails to correct a violation as specified in accordance with an administrative enforcement order of the AHO, subsequent administrative citations may be issued for violations of the same code section. The penalties assessed for each administrative citation issued for violations of the same code section or sections shall not exceed the following amounts regardless of the number of violations per citation: (1) First administrative citation: one hundred and fifty dollars ($150.00). (2) Second administrative citation: five hundred dollars ($500.00). (3) Third and each subsequent administrative citation: nine hundred and ninety-nine dollars ($999.00). (d) Payment of the penalty shall not excuse the failure to correct the violations nor shall it bar further enforcement action by the city. (Ord. No. 58-08, § 1, 2-4-08) * Sec. 2-294. - Failure to pay penalties. (a) The failure of any responsible party to pay the civil penalties assessed by an administrative citation within the time specified on the citation or administrative enforcement order, if an administrative hearing was held, may result in the imposition of a late fee of up to twenty-five dollars ($25.00) and interest at a rate of ten (10) percent per annum, except that assessments for an administrative citation issued for the cost to the city when the city has corrected the violation, may be assessed and collected pursuant to section 2-293(c). (b) If the responsible party fails to pay all penalties and charges assessed within thirty (30) days of assessment, the manager may refer the matter for collection by any and all means available to the city. (c) In the case of property violations, the manager issuing the citation shall certify a statement thereof to the city treasurer who shall record a notice with the clerk and recorder of a lien against the property in violation. The lien created hereby shall be automatically perfected and prior to all other liens, regardless of their dates of recordation, except liens for general taxes and prior special assessments. (d) If a responsible party fails to pay the civil penalties within thirty (30) days after the assessment or, if a hearing is held within the time specified in an administrative enforcement order, and the penalties have been assessed through an administrative citation issued for the cost to the city of correcting a violation of the Code, then either: (i) civil penalties assessed pursuant to section 2-292 of this article of the Code, or (ii) the whole cost of correction plus five (5) percent of the cost for inspection and other incidental costs in connection thereof, whichever is higher, shall be automatically assessed and become a lien on the property and such lien shall be automatically perfected and shall have priority over all other liens except general taxes and prior special assessments. The assessment shall be certified to the city treasurer who shall collect the assessment, together with a ten-percent penalty for the cost of assessment, under the same laws in the same manner as ad valorem property taxes are collected, including, but not limited to the laws for the sale and redemption of ad valorem property for taxes. (e) Any action or other process provided by law may be maintained by the city to recover or collect any amounts, including late fees, interest and administrative costs, owing under this article. (f) In the case of animal violations, the manager of the department of environmental health, or that person's designee, may impound any and all animals owned, possessed, maintained or kept by a responsible party who fails to pay all of their assessed penalties, late fees, interest and administrative costs in a timely manner. Any such impounded animal shall not be redeemed without proof of payment of the penalties, administrative costs, and the costs of impound, care, and shelter of the animals. The manager of department of environmental health or designee shall make reasonable efforts to prevent any such impounded animal that is subsequently abandoned and placed for adoption from being released to a spouse, relative, friend, associate, or strawman of the responsible party. (g) Until civil penalties not pending appeal that are owed to the city have been paid in full, the city shall not issue or renew any license or permit of any kind to a responsible party. (h) Failure to pay outstanding civil penalties that are not pending appeal and are owed to the city as a result of one (1) or more administrative citations shall be grounds for suspension or revocation of any license issued by the city until fully paid. (Ord. No. 58-08, § 1, 2-4-08) Chapter 12 - COMMUNITY PLANNING AND DEVELOPMENT[1] Footnotes: --- (1) --- Editor's note— Ord. No. 634-00, §§ 1, 3, adopted Aug. 14, 2000, repealed chapter 12, sections 12-36—12-38, 12-76—12-78, and 12-81—12-87, in its entirety and replaced it with a new chapter 12, sections 12-1, 12-15—12-19, 12-41—12-45, 12-61, 12-91—12-97, and 12-101. Former chapter 12 pertained to community development and assistance, and derived from the Code of 1950, §§ 131.11-1—131.11-4, 131.18-1—131.18-4; Ord. No. 254-80, § 1, adopted May 19, 1980; Ord. No. 520-81, § 1, adopted Oct. 13, 1981; and Ord. No. 372-99, § 1, adopted May 10, 1999. ARTICLE I. - IN GENERAL Sec. 12-1. - Regional cooperation. It is the policy of the city to cooperate with other municipalities and counties of the metropolitan area to attain the mutually desired sound development standards that will maintain this community as one of the most desirable in the country for industrial, commercial and residential activities; to maintain a high level of urban services for urban areas, at an economic cost; and, in cooperation with regional planning agencies, to develop and achieve a metropolitan plan for an efficient and attractive growth pattern which will encourage both the continued development of sound areas and the redevelopment of marginal, obsolete or substandard areas. (Ord. No. 634-00, § 3, 8-14-00) Secs. 12-2—12-14. - Reserved. ARTICLE II. - COMMUNITY PLANNING AND DEVELOPMENT[2] >>>>>> Sec. 12-19. - Appeals; neighborhood inspection services. <<<<<< (a) Any property owner or other party subject to a notice of a violation, order, or other citation issued by the neighborhood inspection services division of the community planning and development agency may appeal the notice of violation, order, or citation if such an appeal is expressly authorized by this Code to be brought under this section. Under no circumstances shall a decision, determination, requirement, order, citation, permit, or certification made, issued, denied, rescinded, or revoked under the landmark preservation ordinance (chapter 30), solid waste ordinance (chapter 48), the zoning ordinance (chapter 59) or the building code be appealed under this section. Any appeal under this subsection (a) must be brought within ten (10) days of the date of service of the notice of violation, order, or citation. (b) Any property owner or other party legally responsible for paying any bill or charges for services provided by neighborhood inspection services division or its agents or contractors may appeal the bill or charges if such an appeal is expressly authorized to be brought under this section. The appeal may dispute the actual cost of the services provided, whether such services were actually provided, whether the bill or charge had been paid, or any errors in the bill or charge. No appeal may be brought under this subsection (b) as to whether a violation existed or whether the services were needed. Any appeal under this subsection (b) must be brought within thirty (30) days of the date of the bill or charge. (c) Compliance with time limits established in subsections (a) and (b) of this section for the submittal of an appeal shall be a jurisdictional prerequisite to any appeal brought under this section, and failure of compliance shall bar any such appeal. (d) An appeal shall be made in writing to the deputy director for the neighborhood inspection services division or such other official as may be appointed by the manager (the "enforcement official"). The appeal shall provide such information, as may be required by rules and regulations, to adequately establish the basis for the appeal. (e) The filing of an adequate appeal, for purposes other than to challenge abatement costs, shall stay all efforts at enforcement, abatement, or any other proceedings directly related to the subject of the appeal unless the enforcement official determines, in writing, that staying enforcement, abatement, or other proceedings would cause imminent or unreasonable peril to life or property. Upon entry of this determination by the enforcement official, no automatic stay shall be in effect unless a restraining order or other injunctive relief is obtained from a court of competent jurisdiction and properly served upon the enforcement official. (f) Notice of the date, time, and place for the hearing shall be provided in writing to the appellant in the manner prescribed in the rules and regulations. (g) The enforcement official may review such appeals and conduct such hearings as specified herein and in accordance the with rules and regulations, or the enforcement official may, in his or her sole discretion, designate an officer or employee of the community planning and development agency to review the appeals and conduct the hearings. The enforcement official may also designate a hearing officer retained for that purpose by contract. (h) The enforcement official or the enforcement official's designated representative or hearing officer shall have the power to call and question witnesses, to issue subpoenas, to require the submission of documentary or other tangible evidence, to rule on evidentiary questions and witness qualifications, and to generally conduct the hearing in conformance with the procedures and requirements set forth in this section and the rules and regulations. (i) Any party appearing at the hearing may be represented by legal counsel and may present testimony and evidence under oath or affirmation. The appellant shall bear the burden of persuasion. If detailed minutes are not kept, then the proceedings shall be recorded. All tangible evidence shall be retained until the applicable appeal periods have lapsed. (j) The decision of the enforcement official, or a designated representative or hearing officer if such decision authority has been so delegated, shall be in writing and provided to the appellant in accordance with the rules and regulations. Said decision shall be considered a final order subject to judicial review under Rule 106(a)(4) of the Colorado Rules of Civil Procedure upon the timely filing of an appeal to the Denver District Court. Any final decision made by a designated representative or hearing officer may be appealed, in writing, to the enforcement official within fifteen (15) days of the date of the decision, in which case the decision reached by the enforcement official following review of the decision of the designated representative or hearing officer shall be deemed a final decision for the purposes of judicial review as of the date of said decision made by the enforcement official. (k) Any automatic stay under this section shall expire at the conclusion of any appeal periods under subsection (j), unless otherwise ordered by the enforcement official or unless a stay, restraining order, or other injunctive relief is obtained from a court of competent jurisdiction and properly served upon the enforcement official. (Ord. No. 634-00, § 3, 8-14-00; Ord. No. 291-05, §§ 5, 6, 5-2-05; Ord. No. 426-10, § 3, 8-9-10) Sec. 12-20. - Enforcement by neighborhood inspection services. In addition to the authority that may be granted it by the various departments of the city to enforce various ordinances and rules and regulations, neighborhood inspection services is hereby expressly authorized to issue notices of violations, orders, administrative citations or other citations for violations of chapter 30 or for disobeying or failing to follow any order, decision or ruling of the landmark preservation commission or the lower downtown design review board.
  16. I made a U-turn on our Main St. in the center of town (this is a very small town. There is a center lane that separates the northbound and southbound lanes. I pulled into the center lane then made the U-turn, the moment I did, I saw the sheriff's deputy lights go on (it was dark so I didn't see that he was parked down the street). I also didn't know that it was illegal until I saw his lights, it was a simple deduction. The following day I went in search of a no U-turn sign. There is one on the edge of town, southbound and one on the edge of town, northbound that says no U-turn next 1/2 mile and that is it. There are multiple street blocks in between the signs with residential neighborhoods east & west of Main street and one main intersection, no stop light. I don't have to pass by the sign to get to town. I haven't calculated exactly how far I was parked from the no U-turn sign, but I would guess anywhere from 1/8 to 1/4 of a mile. Based on everything I have read from Idaho statutes and The US Department of Transportation Federal Highway Admin, no U-turn signs must be posted where the action is not allowed. Does anyone have any thoughts on my chances of fighting this citation and winning it?
  17. Why not write a letter to the traffic court with a copy of his documentation explaining the situation and including the citation number so the court can locate the file?
  18. Oregon's policy on photo radar citations "...officer will cause notification of citation delivered." Plainly stated, they mail it USPS. I'll skip my legal argument and just say I don't except mail from government agencies without service. So having no knowledge of an alledged traffic violation & no notice of trial, a judicial decision was made, finding me guilty. I believe I can prove deprivation of due process. Where and how do I do that. Do I file a civil action against the State? District court? Appellate court?
  19. Son (16) who has no previous offenses and stellar grades was provided a Ticket (Checked Traffic) with the Code and Section as HS11357(a)(1) and checked I (Infraction) from school while walking through park on way back from lunch - They suspended him for 3 days under the Ed Code 48900(C) - Is this ticket a mistake and should be marked Non-Traffic as well as no signature on the ticket where his signature should be stating that he promises to appear at the time and place indicated below.
  20. Does one legally have to obey "traffic signs" in a Wal-Mart parking lot?
  21. I was operating my Harley motorcycle on private property I had permission to be on when I had a crash while participating in motorcycle games.... a private club event.... this was a freak accident and I was badly injured (broken back) I was transported .via ambulance to a trauma center and was in triage when officers approached me wanting to chat about accident .... I was in horrible pain and doctors were performing tests etc...i told police to leave....they returned sometime later and I explained this was private property And asked them who complained or called. No one had and no witnesses including the officers... they were not there . I explained I didn’t feel upto chatting as I had a broken back ... in great pain and asked them to leave again... a short time later the officer returned and laid a ticket for reckless driving on my chest as I lay on a gurney and said(just because I can... my question is if the officer does not witness and I was on pvt property ... do I have a defense..?
  22. I have a speeding ticket issued in Milton County from PA state police stating the my license is NON COMMERCIAL but my license is a New York State Commercial driver license. It's simply a marking of commercial or not. Trooper issued me ticket for 60 on a 55 but gave me a break as I was actually caught radar doing 72 on the 55. The fine is about a buck 60. If I want to fight it, I would have to get a lawyer and it could cost more? Is the ticket defective and a sure dismissal or should I just pay it? It's for Mufflinville Township, PA court, I believe. Any PA traffic ticket lawyer here to help?
  23. Fight it on what basis? In any event, despite your use of a question mark, this sentence is not a question. If your intent was to ask whether you "would have to get a lawyer," the answer is no. If you're asking how much a lawyer in Milton County, PA might charge for a case such as yours, call some lawyers there and ask. We've never seen it, so we have no way of knowing. However, even if the ticket were "defective" in some way, a ticket is nothing but notice, which could be amended to cure any defects. Probably, unless traffic school is an option to keep it off your record.
  24. A lot more. Maybe $1000 to $1500 for the lawyer fee. No, it's not defective. The officer could have written dog license or fishing license and the ticket wouldn't be defective. Can you take traffic school? If you are eligible it will keep it off your record and out of the hands of your insurance company.
  25. There are innumerable exceptions that apply to searches done during a traffic stop. No DA in CA is going to just agree to suppress evidence. When the search is not based upon a warrant, there is a hearing where the officer testifies. It's almost too easy for the DA to make the search fit and exception.....
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