Posted by richard vazquez on August 18, 1998 at 19:26:42:
In Reply to: Re: Parking Citation posted by Common Right Group at San Diego county on May 31, 1997 at 05:45:41:
: : : Looking for information on how to fight parking citation on procedural
: : : grounds. (i.e. defective complaint, abatement etc) Please email me
: : : directly as well as post any information if available. Los Angeles,
: : : California
: : Without getting into specifics of State law, a parking case is one
: : of thos cases where an individual is charged with a crime through
: : an inanimate object. Although the case charges the individual
: : personally, it should be more properly styled as "The State v. One
: : Ford Fairlane", much in the manner many seizure actions are initiated.
: : The "crime" should be charged to the object (car), but in parking cases
: : it is the person, so you have a good defense in requesting the charging
: : instrument, and if it lists your name as defendant, have the officer
: : identify you as the person he personally observed committing the crime.
: : Since he can't do that, move for dismissal for a defective complaint.
: : I'm sure at some point the State will wise up to this and begin charging
: : the object, but until then this should work well.
: : If use try this tactic, please report back to me your outcome and observations.
: : I am part of a group in Texas actively fighting traffic laws, and we
: : keep track of all actions from which we are building a manual of tactics.
: : Mike V.
: FYI,
: Parking citations ARE actions 'in rem', ie. against the automobile.
: It's just that you, as the registered and responsible incidental user of the automibile flying the heraldry of the state (license plate(s)), you are the accomodation party required to pay for the acts of "your" automobile.
: Insurance on your 'registered' car indemnifies the State, not you. If you know how, you can sue the (corporate) State and recover for damages by a registered but uninsured automobile.