This involves a parking citation from USFS law enforcement in the state of: CA
Summer 2014, 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.
Tic left on my windshield had written in the description, “BLOCKING GATE CAUSING Impediment to Service Vehicles”. Bothered me because 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 came back with a tape measure and took more pics showing how far my car was from blocking the gate. Parked in that exact spot dozens of times the last few years, when FS staff & Dam maint. staff never had any trouble getting by my car through the gate.
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 117 miles from the location of the ticket (Google maps est. 2 hrs 44 mins with no traffic, times two for each way). This Yosemite valley court is (shortest round trip) 322 miles from where I live (7.5 hours round trip).
The court clerk emailed me the officer's typed 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).
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. Had several Qs couldn't get answers to; What is the penalty for perjury of an officer? (prosecutor said she didn't know) Do I have a right to receive the picture evidence before court appearance? Will a judge dismiss the charge immediately if I appear and the citing officer doesn't?
Got the Dec date in Yosemite continued to Jan. Learned this appearance is not for trial but for a plea. The court clerk didn't volunteer that fact, and was hesitant to admit I could enter a NG plea and avoid a trip. Requested transfer to court location closer to myself and citing ofr-- denied.
Also learned by talking to a co-worker of the citing law enforcement officer that he had no plan to attend the trial in Yosemite court; they have another l.e.o. at the court who stands in.
Update Jan 2015: 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.
PS Hi free9man, What's the big deal? (your PM box is full)
If you had a similar parking ticket problem, would you find this thread helpful? and want to contribute to a discussion of the issues?
I think most ppl who come to this forum are looking for successes, and trying to figure out the keys.
Why don't you leave it be for a couple weeks, and lets get some other, positive opinions?
Best,
Summer 2014, 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.
Tic left on my windshield had written in the description, “BLOCKING GATE CAUSING Impediment to Service Vehicles”. Bothered me because 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 came back with a tape measure and took more pics showing how far my car was from blocking the gate. Parked in that exact spot dozens of times the last few years, when FS staff & Dam maint. staff never had any trouble getting by my car through the gate.
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 117 miles from the location of the ticket (Google maps est. 2 hrs 44 mins with no traffic, times two for each way). This Yosemite valley court is (shortest round trip) 322 miles from where I live (7.5 hours round trip).
The court clerk emailed me the officer's typed 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).
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. Had several Qs couldn't get answers to; What is the penalty for perjury of an officer? (prosecutor said she didn't know) Do I have a right to receive the picture evidence before court appearance? Will a judge dismiss the charge immediately if I appear and the citing officer doesn't?
Got the Dec date in Yosemite continued to Jan. Learned this appearance is not for trial but for a plea. The court clerk didn't volunteer that fact, and was hesitant to admit I could enter a NG plea and avoid a trip. Requested transfer to court location closer to myself and citing ofr-- denied.
Also learned by talking to a co-worker of the citing law enforcement officer that he had no plan to attend the trial in Yosemite court; they have another l.e.o. at the court who stands in.
Update Jan 2015: 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.
PS Hi free9man, What's the big deal? (your PM box is full)
If you had a similar parking ticket problem, would you find this thread helpful? and want to contribute to a discussion of the issues?
I think most ppl who come to this forum are looking for successes, and trying to figure out the keys.
Why don't you leave it be for a couple weeks, and lets get some other, positive opinions?
Best,
Parking Violations: Subject: $325 Forest Service Parking Ticket Dismissed-- Lessons Learned
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