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My words re-written stupidly and needlessly.... by a coward who may be friends with disagreeable ppl!
My thread hijacked and stolen. Super creepy.
Not mine anymore. Words I type right here can be re-written.
Cheers to the new owner and best wishes,
PS, Admin please remove my username from this thread and remove the link to pics.
You're use of this site must comply with the terms, that unfortunately includes the obnoxious habit of the admins of putting (often INCORRECT, and in some cases insulting) paraphrases of the situation in the subject line. You're also not getting your posts removed or edited.
My question involves a parking citation from USFS law enforcement in the state of: CA
This summer, got a $325 parking ticket in a Nat'l Forest in the CA Sierras; cited for 36 CFR 261.10(f). The rule found on the web at law.cornell.edu: 36CFR2610 - OCCUPANCY AND USE. The following are prohibited: (f) Placing a vehicle or other object in such a manner that it is an impediment or hazard to the safety or convenience of any person.
The $325 ticket left on my windshield had written in the Offense Description, “BLOCKING GATE CAUSING Impediment to Service Vehicles”. Problem is--my car was not blocking the gate. It was more than 15' clear of the gate's swing radius. Took pictures of the car, road, locked gate & area before I moved it one inch. Later I came back with a tape measure and took more pics showing how far my car was from blocking the gate.
My car was not an impediment to other vehicles because there was plenty of room on the road to drive past it through the gate. The road and gate is alongside a river where I frequently fish in my pontoon boat; I've parked in that exact same spot many times when USFS staff have driven in their trucks by my car and through that gate. The pics I took show how much room there is to pass.
Wrote a letter to the FS Officer who wrote the tic, asking him to withdraw it. He did finally call me and acknowledge he received my letter, but had no response, and didn't withdraw. Got a letter from the court with an appearance date at a court in--get this--Yosemite valley! This court location is an 117 miles from the location of the ticket (Google maps est. 2 hrs 44 mins with no traffic, times two for each way). Th is Yosemite valley court is (shortest round trip) 322 miles from where I live (7.5 hours round trip).
The court clerk emailed me a scan of the other side of the ticket where the officer typed in a Statement of Probable Cause:
"I state that on (date), while exercising my duties as a law enforcement officer in the Eastern District of CA, while patrolling the Stanislaus National Forest, in the ____ Day Use Area, I observed a (color) Subaru wagon blocking a frequently used service gate. Photographs were taken of the vehicle.” And, "I declare under penalty of perjury that the information which I have set forth above and on the face of this violation notice is true and correct to the best of my knowledge." Executed on: (dated and Signed by the officer).
Had hoped the officer would withdraw the tic. Sent my pics by email to the court and printed to the officer, they have not given me the officer's pics.
Can I enforce the penalty of perjury against him?
Do I have a right to receive the picture evidence before court appearance?
If I go to court to challenge, do I have the right to confront my accuser? Will a judge dismiss the charge immediately if the citing officer doesn't appear?
Update Jan 2015: just received an email from the USFS legal officer, stating that in the matter of United States v. Me (ticket #), the government, in the interest of justice, respectfully moves to dismiss this matter. Immediately sent a big Thank You! reply.
TG I don't have to drive to a court in Yosemite or pay $325. The email was vague, so don't know why he finally dropped it. He'd declined to send me the officer photos so I'd written several letters & emails--maybe got tired of the issue. I think the Q of whether or not my car was blocking the gate--was a simple objective yes or no. No--the gate was not blocked. The officer's statement was at best an exaggeration, so maybe guilt got the better of them.
Posting hx, folks.
In fact, this questions has been answered in detail already. There is no new information presented here, the answer will be the same.
And, of course, a vehicle can be an "impediment" and/or a "hazard" without BLOCKING (i.e. preventing all access to) the roadway. So, I doubt it would have been dismissed on "guilt." Likely for some other reason ... perhaps the officer moved, perhaps they reviewed the citation and felt that it did not meet the necessary elements to proceed (not sufficiently obstructing the throughway), or som eother reason wholly unrelated to the merits. Bottom line is that you are fortunate that you do not have to pay the $325. But, do not assume that it was because anyone lied or felt guilty over issuing a parking cite.
This involves a parking citation from USFS law enforcement in the state of: CA
Summer 2014, got a $325 parking ticket in a Nat'l Forest in the CA Sierras; cited for 36 CFR 261.10(f). The rule found on the web at law.cornell.edu: 36CFR2610 - OCCUPANCY AND USE. The following are prohibited: (f) Placing a vehicle or other object in such a manner that it is an impediment or hazard to the safety or convenience of any person.
Tic left on my windshield had written in the description, “BLOCKING GATE CAUSING Impediment to Service Vehicles”. Bothered me because my car was not blocking the gate. It was more than 15' clear of the gate's swing radius. Took pictures of the car, road, locked gate & area before I moved it one inch. Later came back with a tape measure and took more pics showing how far my car was from blocking the gate. Parked in that exact spot dozens of times the last few years, when FS staff & Dam maint. staff never had any trouble getting by my car through the gate.
Wrote a letter to the FS Officer who wrote the tic, asking him to withdraw it. He did finally call me and acknowledge he received my letter, but had no response, and didn't withdraw. Got a letter from the court with an appearance date at a court in--get this--Yosemite valley!This court location is 117 miles from the location of the ticket(Google maps est. 2 hrs 44 mins with no traffic, times two for each way). This Yosemite valley court is (shortest round trip) 322 miles from where I live (7.5 hours round trip).
The court clerk emailed me the officer's typed Statement of Probable Cause: "I state that on (date), while exercising my duties as a law enforcement officer in the Eastern District of CA, while patrolling the Stanislaus National Forest, in the ____ Day Use Area, I observed a (color) Subaru wagon blocking a frequently used service gate. Photographs were taken of the vehicle.” And, "I declare under penalty of perjury that the information which I have set forth above and on the face of this violation notice is true and correct to the best of my knowledge." Executed on: (dated and Signed).
Had hoped the officer would withdraw the tic. Sent my pics by email to the court and printed to the officer, they have not given me the officer's pics. Had several Qs couldn't get answers to; What is the penalty for perjury of an officer? (prosecutor said she didn't know) Do I have a right to receive the picture evidence before court appearance? Will a judge dismiss the charge immediately if I appear and the citing officer doesn't?
Got the Dec date in Yosemite continued to Jan. Learned this appearance is not for trial but for a plea. The court clerk didn't volunteer that fact, and was hesitant to admit I could enter a NG plea and avoid a trip. Requested transfer to court location closer to myself and citing ofr-- denied.
Also learned by talking to a co-worker of the citing law enforcement officer that he had no plan to attend the trial in Yosemite court; they have another l.e.o. at the court who stands in.
Update Jan 2015: received an email from the USFS legal officer, stating that in the matter of United States v. Me (ticket #), the government, in the interest of justice, respectfully moves to dismiss this matter.
Immediately sent a big Thank You! reply.
TG I don't have to drive to a court in Yosemite or pay $325 ! The email was vague, so don't know why he finally dropped it. He'd declined to send me the officer photos so I'd written several letters & emails--maybe got tired of the issue. I think the Q of whether or not my car was blocking the gate--was a simple objective yes or no. No--the gate was not blocked. The officer's statement was at best an exaggeration, so maybe guilt got the better of them.
STOP starting new threads on the same thing. STOP!
If you are looking for the last thread you started, it was merged into your OTHER thread on the same thing.