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Do you do what's RIGHT, or what's EASY?

By
Real Estate Broker/Owner with Kevin Batdorf (Batdorf & Associates, Inc., St. Pete, FL) BK599525

Recently, I received a parking ticket form a local beach community. The ticket stated that I parked next to a yellow curb. It further stated that there was no white line on the street. However, I was parked next to a sign that indicated parking was allowed at that particular spot. The sign said: "NO PARKING TRAILERS MOTORHOMES 11PM - 6AM."  My vehicle is a SUV, and it was 8PM.

                                                                             

The fine was $15.00 or I could contest the ticket in traffic court.  I decided to do what was right and contest the ticket.  The easy thing would be to pay the fine and move on.  To contest the citation, I had to go to the courthouse and fill out some paperwork to plead "not guilty."  A hearing was set, but this was not the trial. It was a pre-trial disposition.  The purpose was to have the court determine if there was another possible solution to resolve this case. Unfortunately, the judge could not simply dismiss the case at this time. The judge realized right away that I was not going to pay a lesser fine to resolve this ticket and set the case for trial.  In my opinion, this was a complete waste of my time. In an interesting side note, the County Commission is eliminating night court due to a shortfall in funding.  It seems to me that if they eliminated this "pre-trial" step, they would have enough funding to continue night court.

If you've never been to traffic court, let me briefly describe it to you. The Clerk of the Court schedules what amounts to a cattle call of traffic offenders. Each one is called up to argue his/her case.  Most of these are for speeding, running a red light and other moving violations. The police officer who issued the citation is subpoenaed to testify. Very few of these defendants are not guilty, but the judge often reduces the fine or allows them to go to traffic school.

I was very prepared to defend myself at trial.  I went back to the scene of the citation and took numerous pictures. I researched parking ordinances for the state of Florida and the town where the ticket was issued. I had questions ready for the officer who wrote the ticket.  The bailiff finally called my name. When I reached the podium to present my case, the judge announce that the officer did not show up for court, thereby - CASE DISMISSED!!! Needless to say, I was extremely frustrated at this point and expressed this to the judge. She asked if I would rather set this for a new trial. It was at this point that I accepted the dismissal.

The story didn't end there. I called the sheriff's department to speak to the deputy's supervisor about this situation. I wanted to know why they allow a sworn officer to write invalid citations, and then not have the courtesy to defend them in court. The supervisor did some research, and it seems as though the department was misinterpreting the parking ordinace.  Now, I have nothing but great respect for the job our officers and deputies do on a regular basis. But sometimes we all make human errors.

Fighting this ticket obviously cost me more than the fine. However, it was the right thing to do, and I would do it again. Did you ever forgo the easy thing to do the right thing. I'd like to hear about it.

Terry Lynch
LAR Notary and Closing Services - Saint Clair Shores, MI

I have a feeling that they probably would never show up for a parking ticket. They know that the vast majority wont fight it and if you do they are only out the cost of the paper ticket.

Sep 10, 2008 04:11 AM
Kevin Batdorf
Kevin Batdorf (Batdorf & Associates, Inc., St. Pete, FL) - Saint Petersburg, FL

Terry - You certainly don't want to believe it, but it looks like that's what is happening in that town.

Sep 10, 2008 04:29 AM