From: m35products (m35prod@optonline.net)
Date: Fri Nov 19 2004 - 20:27:33 PST
No. You're thinking of the legal premise called "Double Jeopardy" which is
being TRIED for the same CRIME more than once. That is illegal in this
country.
A traffic summonse for illegal parking does not accuse you of a crime, and
local laws spell out how often an illegally-parked vehicle can receive a
summonse for the same offense. It generally, in NYC, is governed by the time
references on the signage at the point of infraction. For instance, if the
sign says "One Hour Parking..." then the vehicle can be ticketed once an
hour for any infraction. Even if you are parked legally, if your inspection
sticker is lapsed, for example, that's an occurence. If the sign says "No
Parking 8-11, M W F" and the car has been there all week, then the summonse
can be written once on Monday, once on Wednesday, etc.
Each time period is essentially another, separate occurence. In my case, I
parked LEGALLY, and received two separate summonses, within a short time
period, for two separate offenses. Being ACCUSED of two occurences of a
similar infraction is way different from being acquitted of a crime, and
then tried again for the same crime.
Traffic laws are archaic, complicated, irrational, and most of them were
written without input from thinkers. They are generally reactive, rather
than proactive.
Today, I received a parking summonse for parking on the side of a country
road, facing the wrong way. Is there a special hazard associated with the
fact that my van was parked with the front facing against oncoming traffic?
I don't think so. I parked that way so that I could open the side doors of
my van, and unload a large reel of cable. The doors are on the right side,
and there would have been no room to unload if the truck were parked
"correctly" because there was a large hedge against the truck. I was in the
job site for just over ten minutes, and came out to find a ticket for $50. I
will fight it, of course, on the basis of commercial delivery necessity.
apb
----- Original Message -----
From: "Ryan Gill" <rmgill@mindspring.com>
To: "Military Vehicles Mailing List" <mil-veh@mil-veh.org>
Sent: Friday, November 19, 2004 9:31 PM
Subject: Re: [MV] registration and laws
At 8:58 PM -0500 11/19/04, m35products wrote:
>Just more stupidity from our officials. I got two (illegal) parking tickets
>in NYC within twenty minutes of each other. The judge threw out the first
>one on the merits of the case. When I asked him to do the same with the
>second, identical ticket, he refused, saying that "Once you got the first
>ticket, you should have known better, and moved the truck so that you
>wouldn't have gotten another ticket."
Isn't being charged twice for the same offense a
bit contrary to basic US legal principles?
--
--
Ryan Gill rmgill@SPAMmindspring.com
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