Meter Citation with Wrong License Plate Info
My friend receive a parking citation from San Francisco Department of Parking & Traffic. It's for an expired meter.
His citation was violation of TC202. Couldn't find much information regarding TC202 other than a penalty fee schedule
<a href="http://library3.municode.com/4201/template.htm?view=document&doc_action=setHitDoc&do c_hit=1">TC202</a>
There is reference to VC42001 within the above reference Article.
The month indicated on the citation is incorrect (August instead of June), but I doubt that is a deal breaker.
The interesting thing is the field for the License Number. The officer wrote the incorrect license number. Instead of 7B89021, the officer wrote 7B9021.
Six characters instead of the typical seven.
There is no other identification on the citation (such as registration number, registration tags) that could tie the citation to the vehicle owner. Since the license number is incorrect, it's my guess that this citation will not be able to identify who is responsible for the fine.
Just wanting confirmation and other's people thoughts here.
Re: Meter Citation with wrong license plate info
Sounds like you have analyzed it correctly to me. Unless the person issuing the citation is going to be able to testify that he/she has personal knowledge it was his car that was parked an expired meter, it doesn't appear they could prove their case.
Now one thing to consider and I do not know the answer to this but if parking violations in SF are considered civil and not criminal where a person normally has a privilege against self-incrimination and could not be compelled to testify, could the government call the vehicle owner/defendant as a witness and perhaps establish their case that way?
Re: Meter Citation with wrong license plate info
It's an interesting question - but probably not one that will be tested in court, given that if they have sufficient information to identify the owner and call him or her as a witness, they probably have enough information on the ticket that they don't need the owner's testimony. And if all they have is an incorrect license plate number, they probably won't be able to find the owner (let alone require the owner's testimony).
My knee-jerk response, if I were defending the owner, would be to argue that even as a civil infraction the proceeding is quasi-criminal in nature and thus that the owner's Fifth Amendment rights apply. I know at the outset that such an argument would fail in some states (specifically, some states have defined "quasi-criminal" actions as having a penalty indicating the intention to impose a greater penalty than would result from a mere civil infraction), so I would research the point before presenting it (and perhaps embarrassing myself) in any particular state's courts.
Re: Meter Citation with wrong license plate info
Thanks all.
Again, there is no other information on the citation that would link the citation to the owner of the vehicle.
There is Vehicle make and type (pickup, sedan, etc). Location and time of citation, but again, no other piece of information (other than the license number) that links the citation to the registered owner of the vehicle.
Re: Meter Citation with wrong license plate info
I guess the question is whether anyone is going to show up to contest the ticket--if not where is any future notice going to go? If the authorities try to do something based on the license plate written down it does not look like the case is going anywhere. And if someone does show up and the owner and vehicle operator at the time the ticket was issued are one and the same, then I guess you have to be prepared to deal with the issue Mr. Knowitall raised to the extent that the government may attempt to put the person who shows up on the stand and elicit information from them.
Re: Meter Citation with wrong license plate info
I highly doubt it will even go to court because based on the license number alone, they won't know who to attach the citation to.
If anything, the six digit license number could be real (California did have six digit license plates in the 70s) and if there is a person attached to that six digit license number, my guess is the notice would go to that person.
Than that person would show up in court and there's a good chance that particular six digit license number is assigned to a completely different vehicle and that case will be thrown out - unless of course, getting the make/model/color of the vehicle is not important.
In that case, the person attached to that six digit license number is going to have some problems.
If the Dept. of Parking & Traffic did try to determine who the license number belonged to, I think there are 252 different iterations the plate number could be. They would then need to narrow the list down by make/model/color and if they're lucky - end up with one vehicle.
This is all just hypothetical though.
My best guess is that it's going to go nowhere and just get dropped. They've got plenty of other valid tickets to process.
Re: Meter Citation with Wrong License Plate Info
My .02 and question.
My understand is that after you get a parking ticket on you windshield. You are stillg goint to get something in the mail. At that time you can contest or pay the fine (anyone correct me if I am correct).
I agree with others here unless they did a number match to your vehical make and model and color. You will never get the citation in the mail.
If you get the citation in the mail. At that point you can contest it. I think you stand a prety good chance if you go to trial. Because the officer would have to be able to say in court your plate number with just the citation or the notes taken at the time. If they can't do that they don't have a case.