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CalAttorney2, Attorney
Category: Criminal Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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This is enough detail

Customer Question

This is enough detail for now
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your question for us about this issue?
Customer: replied 1 year ago.
I wrote it 5 times in the spaces provided taking me over an hour. The site is not working correctly and would not update. I will only attempt it one more time. After that, it will not be worth my time.
Expert:  Law Educator, Esq. replied 1 year ago.

I sincerely ***** ***** the technical issues you are experiencing, the experts are not employees of the site and we too experience many technical issues daily, please report your issue to***@******.***.

Customer: replied 1 year ago.
My spouse received a parking ticket for overtime parking in which she did park over the limit. I later found out that the parking representative issued the ticket for the wrong violation and the wrong fine amount. After speaking with her, she acknowledged that it was incorrect but would not void the ticket or make a change to the ticket. She acknowledged that she knew she was issuing tickets for the wrong violation and upon my research, 5 of the 8 tickets issued to this vehicle over a period of about 2 years were invalid in the same way. I have always paid my tickets even when they were invalid, including the ones in question. The city is taking me to court for fighting the tickets and not paying them on time. They are suing for at least $600 on tickets totaling $27.50. The Police Chief has written me an email responding to my request for a meeting and he indicated that even though the tickets were incorrect, they would not drop the charges at this point.
I am looking for as many legal precedents in Illinois as possible that will show tickets were voided or thrown out as a result of tickets being intentionally and knowingly issued incorrectly.
I have worked with the city attorney and the police chief who have indicated that they have decided to take me to court even though the tickets were issued for the wrong violation and wrong fine amount. They have requested that I pay over $600 for court and attorney fees for these two tickets totally $27.50. These two tickets have already been paid. I have requested a bench trial for mid-August.
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Thank you for using the forum. Your prior expert "opted out" - this sometimes happens as we are called away by our own practices.

I have reviewed your question above, and it appears that you (or your wife) received traffic citations for parking violations that noted the incorrect vehicle code or city ordinance on them, resulting in the city claiming a higher fine/penalty than what is actually due.

You have tried to settle the matter informally, but this was rejected and you now have a bench trial set for the middle of next month.

It appears you have a very good handle on this (this is a very simple matter, expect your bench trial to last somewhere in the 15-30 minute range), and you have already identified both the correct statute/code section and the what the code section is that you (or your wife) apparently violated.

The only thing I would add is that if it was actually your wife that incurred the citation, it is important that she be present in court to argue her case (if she is the one that received the citation, she must defend herself), however if the citation is issued to you as the registered owner, you can defend it - just make very certain based on how the citation was issued.

I do not see a specific question in your fact pattern, but if you have one I would be more than happy to answer it, if you did have a question that I overlooked - I did try to read through your post a couple of times, but sometimes things get missed in a "Q&A" format - please let me know exactly what you are looking for.

Customer: replied 1 year ago.
I believe that I will be able to establish a solid argument for the wrong violation and fee being issued. However, because he ticketing agent knew the violation was the incorrect one and intentionally wrote the ticket anyway, I am really only searching for one thing. I would like to locate precedents in the state of Illinois that show parking tickets being voided or thrown out because the ticket was knowingly or intentionally written incorrectly. That is why I am using your services. See my request above....and copied below."I am looking for as many legal precedents in Illinois as possible that will show tickets were voided or thrown out as a result of tickets being intentionally and knowingly issued incorrectly."Thanks for your assistance on locating these precedents in Illinois
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

An error on a traffic citation does not lead to an automatic dismissal or voiding of the citation.

(This includes an error in citing the wrong statute).

The ticket is simply the summons to appear in court, and errors - such as identifying the wrong traffic code section - can be corrected prior to, or at the time of, the hearing.

We are not a legal search service, but if you want to try to find legal precedence, you can use this free search engine to do so: (I do not know how much case law there is going to be on traffic citations - I do not believe many of these cases reach the appellate courts where reported or unreported cases would be generated).

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