Bogus Parking Citation (part 3)
Hey Readers!
For any newcomers, this is part three of an unusual response at Hey Doc Copper! to an even more unusual request for assistance by a brother officer who got a parking ticket that’ll never withstand constitutional scrutiny.
In part 1, we discussed both the entire six-part question I’ve been asked to answer and I laid out what my anticipated game plan would be. In part 2, i.e., our last edition, I answered question #1 and will answer #2 here.
Then, I will keep answering each and every question until we have answered every question posed. Please continue looking for each posed question in bold type followed by my answer. Here goes.
How do you know when a grade is 3% or more? Your guess is as good as mine. While I suspect any LEO can that has been to Traffic Investigation and Reconstruction school and has the needed professional tools at their immediate disposal to do so, that is not something the typical motorist has at their fingertips. I sure don’t and haven’t got a clue how to answer this.
Even if any of us did, I seriously doubt we could competently use them. Frankly, if the typical motorist had to master the quantity and level of calculus and other advanced mathematics that veteran traffic officers must gain control over, I wouldn’t expect very many motorists could even obtain their driver’s license. And, they shouldn’t have to know such hypertechnical stuff to do so.
While it is critically important that any motorist knows how to safely operate whatever motor vehicle for which they have been licensed to operate, they are not expected to pull rabbits out of magic hats. And, this should certainly include not having to know how to arrive at determining if a paved roadway grade exceeds 3%. To ask that is simply going too far.
I’ve been a lawyer since 1977 and have never been asked to defend against or prove such a mind bender. You say San Diego’s Parking Administration tells you they have measured the grade and assure you it’s more than 3%? So what? That still does not tell you how to make such a lofty determination yourself. Do they know how? Again, so what? Without the ability or equipment to do that yourself, you are flying in the dark. And, you cannot defend yourself competently. Our Constitution demands that.
That smacks of fundamental unfairness. In that regard, my crystal ball works no better than yours. I’d be shocked if any judge found to the contrary. And, I’ll tell you and the rest of the world this, if someone ever came to me and asked me to file this piece of crud as a DA, I’d laugh them out of my office. In the meantime, you get three bites at this particular apple by the time you get to Superior Court. Stand by for part 4. ‘Til next time, be safe.
Doc Copper
Hey Readers!
For any newcomers, this is part three of an unusual response at Hey Doc Copper! to an even more unusual request for assistance by a brother officer who got a parking ticket that’ll never withstand constitutional scrutiny.
In part 1, we discussed both the entire six-part question I’ve been asked to answer and I laid out what my anticipated game plan would be. In part 2, i.e., our last edition, I answered question #1 and will answer #2 here.
Then, I will keep answering each and every question until we have answered every question posed. Please continue looking for each posed question in bold type followed by my answer. Here goes.
How do you know when a grade is 3% or more? Your guess is as good as mine. While I suspect any LEO can that has been to Traffic Investigation and Reconstruction school and has the needed professional tools at their immediate disposal to do so, that is not something the typical motorist has at their fingertips. I sure don’t and haven’t got a clue how to answer this.
Even if any of us did, I seriously doubt we could competently use them. Frankly, if the typical motorist had to master the quantity and level of calculus and other advanced mathematics that veteran traffic officers must gain control over, I wouldn’t expect very many motorists could even obtain their driver’s license. And, they shouldn’t have to know such hypertechnical stuff to do so.
While it is critically important that any motorist knows how to safely operate whatever motor vehicle for which they have been licensed to operate, they are not expected to pull rabbits out of magic hats. And, this should certainly include not having to know how to arrive at determining if a paved roadway grade exceeds 3%. To ask that is simply going too far.
I’ve been a lawyer since 1977 and have never been asked to defend against or prove such a mind bender. You say San Diego’s Parking Administration tells you they have measured the grade and assure you it’s more than 3%? So what? That still does not tell you how to make such a lofty determination yourself. Do they know how? Again, so what? Without the ability or equipment to do that yourself, you are flying in the dark. And, you cannot defend yourself competently. Our Constitution demands that.
That smacks of fundamental unfairness. In that regard, my crystal ball works no better than yours. I’d be shocked if any judge found to the contrary. And, I’ll tell you and the rest of the world this, if someone ever came to me and asked me to file this piece of crud as a DA, I’d laugh them out of my office. In the meantime, you get three bites at this particular apple by the time you get to Superior Court. Stand by for part 4. ‘Til next time, be safe.
Doc Copper
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