My question involves a parking citation from USFS law enforcement in the state of: CA
This summer, got a $325 parking ticket in a Nat'l Forest in the CA Sierras; cited for 36 CFR 261.10(f). The rule found on the web at law.cornell.edu: 36CFR2610 - OCCUPANCY AND USE. The following are prohibited: (f) Placing a vehicle or other object in such a manner that it is an impediment or hazard to the safety or convenience of any person.
The $325 ticket left on my windshield had written in the Offense Description, “BLOCKING GATE CAUSING Impediment to Service Vehicles”. Problem is--my car was not blocking the gate. It was more than 15' clear of the gate's swing radius. Took pictures of the car, road, locked gate & area before I moved it one inch. Later I came back with a tape measure and took more pics showing how far my car was from blocking the gate.
My car was not an impediment to other vehicles because there was plenty of room on the road to drive past it through the gate. The road and gate is alongside a river where I frequently fish in my pontoon boat; I've parked in that exact same spot many times when USFS staff have driven in their trucks by my car and through that gate. The pics I took show how much room there is to pass.
Wrote a letter to the FS Officer who wrote the tic, asking him to withdraw it. He did finally call me and acknowledge he received my letter, but had no response, and didn't withdraw. Got a letter from the court with an appearance date at a court in--get this--Yosemite valley! This court location is an 117 miles from the location of the ticket (Google maps est. 2 hrs 44 mins with no traffic, times two for each way). Th is Yosemite valley court is (shortest round trip) 322 miles from where I live (7.5 hours round trip).
The court clerk emailed me a scan of the other side of the ticket where the officer typed in a Statement of Probable Cause:
"I state that on (date), while exercising my duties as a law enforcement officer in the Eastern District of CA, while patrolling the Stanislaus National Forest, in the ____ Day Use Area, I observed a (color) Subaru wagon blocking a frequently used service gate. Photographs were taken of the vehicle.” And, "I declare under penalty of perjury that the information which I have set forth above and on the face of this violation notice is true and correct to the best of my knowledge." Executed on: (dated and Signed by the officer).
Had hoped the officer would withdraw the tic. Sent my pics by email to the court and printed to the officer, they have not given me the officer's pics.
Can I enforce the penalty of perjury against him?
Do I have a right to receive the picture evidence before court appearance?
If I go to court to challenge, do I have the right to confront my accuser? Will a judge dismiss the charge immediately if the citing officer doesn't appear?
Posted a thread here in the Parking forum a few weeks ago. The thread was anonymously hijacked; my words (thread title) were stupidly re-written and moved to a Criminal law forum, without notice or explanation (even afterward). Utterly creeeepy!
Update Jan 2015: just received an email from the USFS legal officer, stating that in the matter of United States v. Me (ticket #), the government, in the interest of justice, respectfully moves to dismiss this matter. Immediately sent a big Thank You! reply.
TG I don't have to drive to a court in Yosemite or pay $325. The email was vague, so don't know why he finally dropped it. He'd declined to send me the officer photos so I'd written several letters & emails--maybe got tired of the issue. I think the Q of whether or not my car was blocking the gate--was a simple objective yes or no. No--the gate was not blocked. The officer's statement was at best an exaggeration, so maybe guilt got the better of them.
This summer, got a $325 parking ticket in a Nat'l Forest in the CA Sierras; cited for 36 CFR 261.10(f). The rule found on the web at law.cornell.edu: 36CFR2610 - OCCUPANCY AND USE. The following are prohibited: (f) Placing a vehicle or other object in such a manner that it is an impediment or hazard to the safety or convenience of any person.
The $325 ticket left on my windshield had written in the Offense Description, “BLOCKING GATE CAUSING Impediment to Service Vehicles”. Problem is--my car was not blocking the gate. It was more than 15' clear of the gate's swing radius. Took pictures of the car, road, locked gate & area before I moved it one inch. Later I came back with a tape measure and took more pics showing how far my car was from blocking the gate.
My car was not an impediment to other vehicles because there was plenty of room on the road to drive past it through the gate. The road and gate is alongside a river where I frequently fish in my pontoon boat; I've parked in that exact same spot many times when USFS staff have driven in their trucks by my car and through that gate. The pics I took show how much room there is to pass.
Wrote a letter to the FS Officer who wrote the tic, asking him to withdraw it. He did finally call me and acknowledge he received my letter, but had no response, and didn't withdraw. Got a letter from the court with an appearance date at a court in--get this--Yosemite valley! This court location is an 117 miles from the location of the ticket (Google maps est. 2 hrs 44 mins with no traffic, times two for each way). Th is Yosemite valley court is (shortest round trip) 322 miles from where I live (7.5 hours round trip).
The court clerk emailed me a scan of the other side of the ticket where the officer typed in a Statement of Probable Cause:
"I state that on (date), while exercising my duties as a law enforcement officer in the Eastern District of CA, while patrolling the Stanislaus National Forest, in the ____ Day Use Area, I observed a (color) Subaru wagon blocking a frequently used service gate. Photographs were taken of the vehicle.” And, "I declare under penalty of perjury that the information which I have set forth above and on the face of this violation notice is true and correct to the best of my knowledge." Executed on: (dated and Signed by the officer).
Had hoped the officer would withdraw the tic. Sent my pics by email to the court and printed to the officer, they have not given me the officer's pics.
Can I enforce the penalty of perjury against him?
Do I have a right to receive the picture evidence before court appearance?
If I go to court to challenge, do I have the right to confront my accuser? Will a judge dismiss the charge immediately if the citing officer doesn't appear?
Posted a thread here in the Parking forum a few weeks ago. The thread was anonymously hijacked; my words (thread title) were stupidly re-written and moved to a Criminal law forum, without notice or explanation (even afterward). Utterly creeeepy!
Update Jan 2015: just received an email from the USFS legal officer, stating that in the matter of United States v. Me (ticket #), the government, in the interest of justice, respectfully moves to dismiss this matter. Immediately sent a big Thank You! reply.
TG I don't have to drive to a court in Yosemite or pay $325. The email was vague, so don't know why he finally dropped it. He'd declined to send me the officer photos so I'd written several letters & emails--maybe got tired of the issue. I think the Q of whether or not my car was blocking the gate--was a simple objective yes or no. No--the gate was not blocked. The officer's statement was at best an exaggeration, so maybe guilt got the better of them.
Parking Violations: Can I Enforce Penalty of Perjury Against Law Enforcement Officer [Qmark]
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