Legal Question in Traffic Law in California
i parked at a parking meter in oakland, california yesterday and did not put any money in the meter, but when i came back, i had a ticket for a "handicap placard" violation for $510 i dont have a handicap placard, its been my and others experience that when a ticket is diputed they always find us liable, how can i prove that they are wrong? on another site they said to ask for an "original" copy of the ticket and that if they can't provide it that it would be ground for dismissal under "Habeas Corpus" which would mean they have no legal right to charge me with this violation, is that true?
1 Answer from Attorneys
Check with the Oakland parking Authority, but I suspect the ticket was for parking in a handicap zone without having a placard. Why would you park at a meter and not put any money in unless it was past 6 p.m. [when there are no parking citation people at work]? Since I am not sure what you did and what you are charges with, I can not give you any advice as to how to protect yourself.
The great and honorable writ of habeas corpus [from the Greek present the body] refers to the court being order to have the prisoner presented into court to determine if he should be further held. It has nothing to do with presenting evidence. You do have an original copy of the ticket; meter maids keep a log book of when they wrote a ticket and where, but I assume your are not disputing that..
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