Should I Get A Lawyer?

ScottyBoy · March 21, 2009

First off, let me begin by saying that due to all the back problems I have that i am in fact legally handicapped and even have the tag the hangs on my mirror and I have a handicapped ID card (which in Louisiana you are required by law to carry this card if you park in a handicapped spot, even if you have handicapped plate or hang tag).

Now heres what happened..... In January, I got a parking ticket one morning after a quick run into one of the local Walmarts here. I immediately called the number to fight it because I had my hang tag in full view hanging on my mirror. For some reason they said I had to call the City Attorney's office. I called about a dozen times over the next week and each and every time they said they were busy and would have to take my name and number and call me back. (Which they NEVER did). I finally went downtown to their office in person to cotest this obvious mistake. The woman at the window was very polite ans she photocpoied my hang tag and my liscense and my handicapped ID card. Then she said they would review it and get back with me. Well.... after 3 1/2 months they finally sent me a letter saying , and I quote "In response to your appeal, The City Attorney's office considers the ticket to be validly issued. Please remit payment in full in the amount of $300.00 within 10 days of this letterto the following address:

City of Shreveport

P O Box 245

Shreveport, La 71162-0245

Now I wanna know how in the hell they can say a ticket is "valid" if I'm legally handicapped and have the documents to prove it??? I called them again yesterday and tried to ask about it, and guess what? We'll have to take your name and number and get back to you sir. I called 2 more times, and then the woman immediately switched from her polite voice and got an attitude saying "well the city attorney has been in a meeting all day" What kind of "meeting" lasts 7 hours? So I asked "what will I have to do to take this to court?" She said in her attitude voice again, "Well we dont have court for parking tickets, the city attorney has all the say so ". So basically some attorney who obviously only works whenever she wants to is the sole deciding party on whether I should have to pay this ticket? I called my brother (who is graduating from law school in Baton Rouge in may) and he said that's not right. I have the 14th amendtment right to present my case thru the appellate process. I called her back and said that, and the woman had no clue whatsoever what I was talking about, she's obviously just a receptionist who "runs the office" while the attorney is away". She said would have to talk to the attorney about all that. (I guess those words were too big for her). My brother said he would come up here and help me if he could, but until he graduates and gets his bar card, he's not legally a lawyer and his hands are tied except to give me advise. My brother said I should get a lawyer, but then again it would depend on what the lawyer will charge me to make it worthwile. In the meantime, he'll talk to all his lawyer friends who are practiicing already to see if he can hook me up with some help in Shreveport. I think the city knows excatly what they are doing, scamming people out of money. In New Orleans a handicapped ticket was $500, and people routinely got a lawyer for that. Maybe the city here in Shreveport got smarter and figures more people would rather just pay a $300 fine than hire a lawyer to contest it.

So what should I do, try to get anywhere with this city attorney, or should I get a lawyer.

satori · March 21, 2009

That's a bizzare ticket. Maybe take it to a local news station?

Matt_ · March 21, 2009

what happens if you refuse to pay.... will they issue you a required court appearance?

is there a way to file a formal complaint against the City Attorney's office?

You're clearly in the right... personally, i would do whatever i can to make it a paperwork nightmare on their part. Even if it means paying an attorney $300, at least that $300 is going with a justifiable cause... and it will cost the City Attorney much more than $300 in his/her time to deal with it

superjim · March 21, 2009

What Satori said.....

Call all of the local TV stations.

If that don't help, talk to a lawyer.

Z71kris · March 21, 2009

Zembonez · March 21, 2009

That's a bizzare ticket. Maybe take it to a local news station?

I think that's a great idea.

svensk · March 21, 2009

Somethings not right here... What exactly did the ticket say you violated?

Darkanion · March 21, 2009

I don't know about Louisiana. But, in Texas, you can either pay the ticket by mail OR you can plead not guilty and go to court, to plead your case. Maybe what they're trying to tell you (and obviously not doing a good job of) is "either pay it by mail or you have to go to court and tell the judge why the ticket is invalid." I doubt that some clerk in the city attorneys office has the power to dismiss a ticket on their own...

killterrorists · March 21, 2009

I agree with those that said to contact your local TV stations. If one of your local stations is willing to do a story on your situation the city may drop the ticket or a local law firm may want to help you for free. Being shamed on TV has a way of making people more considerate and usually works out well for the party that has been wronged. Just make shure that you are completely in the right or you may end up looking like the ass. I beleive there has to be a way for you to take the ticket to court and contest it. All the tickets I have ever recived have had that option right on the ticket itself.

DofD · March 21, 2009

That is just screwed up and wrong! There is no way you should be paying for that ticket. I would say give it one more go with the city and try to make an appointment with the city attorney in person to review this. If that is refused, then take it to the media and fine a lawyer that will help on the cheap or pro bono. But lots of good luck to you there Scott in getting this worked out!

txab · March 21, 2009

I don't know about Louisiana. But, in Texas, you can either pay the ticket by mail OR you can plead not guilty and go to court, to plead your case. Maybe what they're trying to tell you (and obviously not doing a good job of) is "either pay it by mail or you have to go to court and tell the judge why the ticket is invalid." I doubt that some clerk in the city attorneys office has the power to dismiss a ticket on their own...

In Texas, larger cities handle traffic and ordinance violations through a municipal court. The clerk would have the ability to consult with the Judge . I've seen this happen with proof of insurance tickets where people didn't have their new card with them, thus they got ticketed. The person would then have to go in with the new one to demonstrate that they did indeed have coverage at the time of the ticket. Ticket was then waived. Of course now they are going to a database to check if you have insurance coverage. It wouldn't surprise me that La. might handle these things differently.

You should have the right to contest this before someone in person. You might try contacting a city council person for your district to see if they can help. You also should contact an agency or someone locally that handles handicapped stuff. Perhaps they'll know how to help in this matter. You just need to be able to meet with the right person, in person to clear this up

VMax2007 · March 21, 2009

Scott,

Can someone tell you are handicapped by merely looking at you? If not, I am guessing the officer saw you get out and walk into the store and figured you were not the person the handicapped tag was assigned to. Not right by any means, but it might explain it.

Should be an easy one to get erased. But I would raise holy hell as you should NOT have to go through this hassle.

ScottyBoy · March 21, 2009

I agree with those that said to contact your local TV stations. If one of your local stations is willing to do a story on your situation the city may drop the ticket or a local law firm may want to help you for free. Being shamed on TV has a way of making people more considerate and usually works out well for the party that has been wronged. Just make shure that you are completely in the right or you may end up looking like the ass. I beleive there has to be a way for you to take the ticket to court and contest it. All the tickets I have ever recived have had that option right on the ticket itself.

Exactly, I was confused as to why I was never offered a chance for a court date from day one. Every other city I've lived in that was how it worked, but not here. I've even been in traffic court in Jefferson parish(a suburb of New Orleans) once before and a case before mine was a lady fighting a handicapped ticket. She claimed she was parked in the spot next to the handicapped spot, not the handicapped spot itself. She took pictures of her car and where it was parked and all. The issueing cop got on the stand and simply said " If she were'nt in the spot I wouldn't have wrote the ticket". The judge ended up simply saying "Ma'am, you've presented a good case, but what it all boils down to is should I beleive you or the officer, and unfortuneately I tend to think the officer has no reason to lie, therefore I beleive him and find you guilty". But at least in my case I am in fact handicapped! so WTF? The only thing I need to find out for sure is if its legal for me to drive other vehicles with my hang tag(which is what the DMV told me). I got the ticket in my wife's car, which is registered in her name. It was purchsed after we were married, so we both actually own it and both our names are on the insurance cards. I'd LOVE to see the look on that cop's face if he were asked in court if he took a photo of the car parked in the spot with no visible hang tag displayed. I remember seeing him writing a ticket for another car as I was parking there. He should have looked better to see the tag hanging from the rearview mirror. I can prove that I'm legally entitled to that spot, can HE prove that I wasn't???

ScottyBoy · March 21, 2009

Scott,

Can someone tell you are handicapped by merely looking at you? If not, I am guessing the officer saw you get out and walk into the store and figured you were not the person the handicapped tag was assigned to. Not right by any means, but it might explain it.

Should be an easy one to get erased. But I would raise holy hell as you should NOT have to go through this hassle.

Actually, no I "appear" fine in every way. I'm in my 30's (but look like I'm in my 20's and I was driving my wife's car with tint, rims, and billet grill. Yes, I'd look at me too and assume I wasn't handicapped. But he should have stopped me and asked to se my ID card to prove I'm handicapped. Any officer has the right to ask a person parking in a handicapped spot to show their handicapped ID card (a card that looks just like a driver's liscence). Even if the tag is properly displayed, if you don't have your card you can get a ticket. Either he saw me and just assumed I was parking illegally and just wrote a ticket , or he saw me AND saw the hang tag and assumed it was someone else's tag I was using. Either way, he should have confronted me as I was getting out the car. I saw him writing a handicapped ticket for another car a few spots over as I was getting out of my car, and I waled basically right past his big donut eatin ass!

rvsahs · March 21, 2009

Guys, I'll let my wife respond to this as she is a deputy court clerk here in Payne Co, OK...

Hi, my name is Teri, and I am Roger's wife.

In response to your question, I would contest the ticket. I would call to schedule a face to face meeting with the city attorney, and advise them that you are contesting the ticket. When you have your meeting with the city attorney, ask him/her how the decision was made that the ticket was valid, as you provided copies of your valid handicap tag, and license. If your meeting is not productive, I would seriously consider consulting with an attorney, maybe your brother can direct you to one, who would listen to your concerns and help you if he/she could.

I agee with your assessment, that the city is only trying to raise money through traffic tickets because they know a person will just pay and not contest. I think that is BS, very unfair, and very unethical.

If I had a similar issue here, I would contest the ticket also!!

Good luck. Let us know how the situation is resolved!!

Teri