Posted by Mike Vanhooser on May 24, 1997 at 15:48:23:
In Reply to: Parking Citation posted by test1 on May 08, 1997 at 05:05:28:
: 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.