Saturday, July 05, 2008
Ridiculous Tickets and Hiking
Today we went to the Home Depot for the kids club they do on the first Saturday of every month. The kids built bird houses. It's always fun to go there and the Unwin's joined us. They asked if we wanted to join them at Silver Creek Falls, so we headed out for a picnic and a hike. After we picnicked at south falls they wanted to go up to the Winter falls and hike several of the falls there.
There was no parking available, but some guy pulled out and Jeanne-Ann held the spot for the Unwin's and we parked along the edge of the parking lot/road where other cars park all the time. (do you see where this is going?)
Then we began our hike. It had rained so there was plenty of mud to get all over us and we discovered Salmonberries. My deduction is that they call them that because of their color, not their taste. They are a little bitter and sweet at the same time. Not my favorite, but I tried something new, so that was cool.
We started to head back and got to the cars (lots of mud all over the children and our feet). When I got to the car there was a yellow ticket sitting there which was so "lovingly" given to me by Sheriff Robinson. He wrote that I had violated rule 811.555.
Here is what I found on this rule "810.425 Procedure in certain parking cases. (1) In all prosecutions of the owner of a vehicle for violation of ORS 811.555 (1)(b), 811.570 (1)(b), 811.575 (1)(b) and 811.585 (1)(b), or an applicable ordinance, it shall be sufficient for a police officer to charge the defendant by an unsworn written notice if the notice clearly states:
(a) The date, place and nature of the charge.
(b) The time and place for defendant’s appearance in court.
(c) The name of the issuing officer.
(d) The license number of the vehicle.
(2) The notice provided for in subsection (1) of this section shall either be delivered to the defendant or placed in a conspicuous place upon the vehicle involved in the violation. A duplicate original of the notice shall serve as the complaint in the case when it is filed with the court. In all other respects the procedure otherwise provided by law in such cases shall be followed. Notwithstanding ORS 153.042, the issuing officer need not have observed the act of parking, but need only have observed that the vehicle appeared to be parked in violation of ORS 811.555 (1)(b), 811.570 (1)(b), 811.575 (1)(b) and 811.585 (1)(b), or an applicable ordinance.
(3) A circuit court and a justice court have concurrent jurisdiction over parking offenses committed within the county.
(4) This section does not apply to prosecutions under city ordinances but ORS 221.333 shall apply to such prosecutions. [1987 c.687 §2; 1995 c.658 §116; 1999 c.1051 §89a]
810.430 Movement of illegally parked vehicles. A police officer who finds a vehicle parked or standing upon a highway in violation of ORS 811.555 or 811.570 may move the vehicle, cause it to be moved or require the driver or person in charge of the vehicle to move it. The authority to move vehicles under this section is in addition to any authority under ORS 819.110 and 819.120. [1983 c.338 §402; 1995 c.758 §6]"
My favorite line from this..."the issuing officer need not have observed the act of parking, but need only have observed that the vehicle appeared to be parked in violation of ORS 811.555." I think it's fun that they only need to observe that a vehicle appeared to be parked in violation. So it is totally subjective. What I say really doesn't matter.
Now, we did not see any signs until we left that area that said no parking on the shoulders. I realize that I should know ALL the Oregon laws by now, I mean after all, I have lived here 11 1/2 years! We were only partially on the shoulder and partially in the edge of the parking lot. Lame!
Did I mention the ticket is for ONE HUNDRED AND FORTY FIVE DOLLARS!?!?!?!!? Seriously? That's what we are charging? That's what you are spending your day doing? Too bad you weren't there to stop the guy who crashed his car into our church yesterday because he was intoxicated. Imagine if you spent time trying to stop people who are actually breaking valid laws and potentially hurting people and not spending so much time just driving up and down an area that is used that way ALL the time and just fattening your county checks!
There, I have dumped it on you blogosphere. I am sorry you have to take the weight of my frustration, but you are the only one who listens and I don't have to make a long apology to later. We have a court date, Jeanne-Ann said she would go, we will surely get it reduced. Seriously...$145 for an alleged parking violation? Ridiculous!
Posted by Erik Williams at 3:42 PM