Legal Question in Traffic Law in California

Fraudulent Parking Citation

I was dropping off my wife one morning to work. Parking Enforcement pulls up behind me. Stated my back tire was in yellow Com-Loading Zone, other 99.9% of vehicle was in passenger loading zone. Got out of vehicle and approached officer, asked what was the problem. After a couple minutes of begging, she decided not to write a ticket. About 3-5 days later, I called Supervisor of San Diego Downtown Parking Enforcment. Expressed that I felt like I was being harrassed by this particular agent, as I have met up with this agent serval times. Now, a few days later, I receive a parking citation in the mail. Citation shows an address I've never been to, never parked at. Description of my vehicle is completely off. My only conclusion as to how the agent had my license plate number was from when it was stored on her little PDA device to print tickets. I am now assuming that this citation is in retaliation to my complaint. Do I have any legal rights in this situation?

Thanks.


Asked on 10/25/02, 2:25 am

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Fraudulent Parking Citation

Do you have rights? Yes, you do. You have the right to fight the ticket. You have the right to complaint about what seems like a retailatory ticket based upon your previous complaint. You have the right to challenge a ticket that you were clearly told was not going to be assessed.

Additionally, the lack of any correlating evidence makes for a great defense, in my opinion. This officer is going to have a hard time explaining why nothing on the ticket matches the reality of your situation.

I hope this helps, but contact me if you need representation, or if you just have other questions. I'm happy to help.

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Answered on 10/28/02, 4:45 pm


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