California Dept of State Parks and Recreation Undemocratic Ticketing Operation

[Tonester56]

My question involves a traffic citation from the state of: CALIFORNIA by the Dept of State Parks and Recreation. I received a parking citation at San Elejo State Beach for not displaying my CA STATE PARKS annual pass on my mirror. I realized I'd forgotten to display the pass I carry in my car and before I could get back to the car I received a ticket. I went to the closest State Park ranger right down the highway and asked to have the ticket dismissed since I did have the parking pass. The ranger said I had to write a private entity that the State of CA employs to issue tickets in order to get it dismissed. OK, I did this and sent a letter describing what happened and sent the ticket and a copy of my pass to the SANTA ANA office for the CA STATE PARKS and REC Parking Administration. The reply I got 6 weeks later was simply stamped Dismissal DENIED, reason given, failure to properly display pass. Fine: $71.50!!!
I called the State Parks and Recreation HQ in San Diego and asked about appealing this and was given a complete and utter RUNAROUND. I called the Santa Ana Parking Administration, after searching for the correct number, the toll free number on the ticket was a misprint, and was told that I would have to send the money in and ask for a telephone contact to appeal. What? They already denied me my rights by stamping their reply to my letter DENIED. What is this legal? I want my day in court in front of a magistrate. I am not paying the State of Calif. their PIRATE'S RANSOM without exercising my right to contest my accusers in person. If anybody has a work around to California's Stand and Deliver governmental policies of late, I would appreciate your help.

[cdwjava]

What section was cited?

If the text of the statute indicates it is a violation to fail to display the pass, then you would appear to be guilty because you admit that you failed to display the pass.

There are generally three levels at which you can contest a parking cite in CA. The first is the agency level where a panel or an individual hearing officer hears your protest in person or in writing and renders a decision. The next is often to an administrator that hears your appeal and renders a decision. The third would be an appeal to am administrative court judge. If you lose the court appeal, it might cost you up to $50 MORE dollars.

It is not uncommon to require you post the amount of the fine before any hearing is made. the fact that you could contest it without first paying it is a bonus not granted by many agencies.

So, find the code section for which you were cited and read it. If the statute indicates that the offense is for not properly displaying the pass, it is safe to assume that a judge will also find you guilty as you admittedly did NOT display the pass. If the statute indicates that you have to possess or own such a pass, then you can probably prevail. But, as with handicapped placard violations, I'll wager the statute deals with display and not ownership/possession.