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Sorry for continuing the traffic ticket derail. But what can one actually do to fight a parking ticket that's just plain wrong? An officer ticketed every car on my block for being parked over 3 hours even though the signs are only in specific places. Also, I hadn't even been home for 3 hours at that point. I had just gotten home from the doctor about an hour before. Not looking for legal advice. Just traffic ticket advice.
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Jul 17, 2016 06:13
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AnonymousNarcotics posted:Sorry for continuing the traffic ticket derail. But what can one actually do to fight a parking ticket that's just plain wrong? An officer ticketed every car on my block for being parked over 3 hours even though the signs are only in specific places. Also, I hadn't even been home for 3 hours at that point. I had just gotten home from the doctor about an hour before. My buddy got a traffic ticket when his car was 70 miles away parked in front of the courthouse whose judge swore an affidavit it was there (parking court has no hearsay rules I guess), whose co-counsel swore they'd gone in his car. Ticket upheld. loving LA. So my answer is you're hosed in that kangaroo court if it is in LA. YMMV in other courts. If there is an exact location on the ticket and you can prove that exact location doesn't have signage, that might be a hope. "I wasn't parked there" doesn't seem to.
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Jul 17, 2016 06:22
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AnonymousNarcotics posted:Sorry for continuing the traffic ticket derail. But what can one actually do to fight a parking ticket that's just plain wrong? An officer ticketed every car on my block for being parked over 3 hours even though the signs are only in specific places. Also, I hadn't even been home for 3 hours at that point. I had just gotten home from the doctor about an hour before. That's pretty much the only way.
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Jul 17, 2016 10:30
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The IRS isn't going to give your tax records to some municipal court.
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Jul 17, 2016 11:03
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AnonymousNarcotics posted:Sorry for continuing the traffic ticket derail. But what can one actually do to fight a parking ticket that's just plain wrong? An officer ticketed every car on my block for being parked over 3 hours even though the signs are only in specific places. Also, I hadn't even been home for 3 hours at that point. I had just gotten home from the doctor about an hour before. Your local council should have a ticket appeals process.
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Jul 17, 2016 11:12
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Thanatosian posted:Take a timestamped picture of your car every time you park on the street. Yeah, I had an admin law judge tell me to do that. Timestamped photo of car and surroundings every day, other wise the ticket itself was proof that couldn't be overcome (no officer or photo wer present either, just the ticket).
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Jul 17, 2016 13:45
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sullat posted:The IRS isn't going to give your tax records to some municipal court.
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Jul 17, 2016 16:27
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It's not conclusive evidence but if you were at a doctor's appointment an hour before that might be evidence to suggest you were not parked there for >3 hours, since your car must've been somewhere else 1 hour before. Good luck having that work, but hey.
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Jul 17, 2016 18:54
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This isn't a question and it doesn't pertain to the structural injustice of traffic infractions but I just wanted to c+p this reddit post somewhere because I enjoyed it:"(Florida) My former receptionist is violating her non-compete agreement. Options? posted:Two months ago I had to let my front desk receptionist go because my wife wanted to return to work because all of our kids are old enough to go to school in the fall (and we have day camp childcare arranged for the summer) The receptionist had a signed non-compete agreement when I hired her eight years ago. It states that she cannot:
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Jul 18, 2016 04:01
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Hahaha, wow, what was even his goal there. I can only imagine he wanted an employee to be so cowed into working for him no matter what for fear of not being allowed to work anywhere else. If not that, then, what could he possibly have been imagining?! Unless maybe he was cargo-culting Big Important Business? 
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Jul 18, 2016 04:10
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She can just move to the District of Columbia and work there.
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Jul 18, 2016 10:35
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Depending on the state, saying he fired his secretary to make room for his wife could be an issue? Or is that more of a pipe dream?
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Jul 18, 2016 14:17
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Cowslips Warren posted:Depending on the state, saying he fired his secretary to make room for his wife could be an issue? Or is that more of a pipe dream? It doesn't matter, because the non-compete is so crazy as to be unenforceable. The former receptionist was right in telling him to gently caress off.
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Jul 18, 2016 14:45
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Non-competes are pretty rarely enforced as is, but holy poo poo "FOR THREE YEARS HENCE I CURSETH THEE" would have been about as useful.
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Jul 18, 2016 17:26
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AlbieQuirky posted:It doesn't matter, because the non-compete is so crazy as to be unenforceable. The former receptionist was right in telling him to gently caress off. I like how she just hung up on him.
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Jul 18, 2016 17:35
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I can't imagine whatever state they're in will enforce a noncompete with a geographic scope that broad, for a position with so little effect on the employer's business or clients.
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Jul 18, 2016 17:36
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Think about the kind of rear end in a top hat that just fires his employee of 8 years for his wife to take her job, then tries to enforce his absurd noncompete. That's worse than the Jimmy John's "don't make other sandwiches" one.
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Jul 18, 2016 17:37
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Hot Dog Day #91 posted:Think about the kind of rear end in a top hat that just fires his employee of 8 years for his wife to take her job, then tries to enforce his absurd noncompete. That's worse than the Jimmy John's "don't make other sandwiches" one. $10 says the secretary is hot and the wife is a conniving, jealous root.
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Jul 18, 2016 17:46
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blarzgh posted:$10 says the secretary is hot and the wife is a conniving, jealous root. $20 the backstory is fake and he's got some serious issues.
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Jul 18, 2016 18:29
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NancyPants posted:I like how she just hung up on him. That was my favourite part too.
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Jul 18, 2016 18:42
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Hot Dog Day #91 posted:Think about the kind of rear end in a top hat that just fires his employee of 8 years for his wife to take her job, then tries to enforce his absurd noncompete. That's worse than the Jimmy John's "don't make other sandwiches" one. What about other sandwiches?
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Jul 19, 2016 03:59
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Cowslips Warren posted:What about other sandwiches? Don't make 'em, if you know what's good for you.
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Jul 19, 2016 04:07
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Cowslips Warren posted:What about other sandwiches? Jimmy John's gave their franchisees a sample non-compete to have their on-store employees sign. After two years of litigation over it, they've finally agreed to void the non-competes... In New York. http://www.cnbc.com/2016/06/22/jimmy-johns-drops-non-compete-clauses-following-settlement.html
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Jul 19, 2016 22:12
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Non-compete clauses are generally illegal in California except in some very specific cases and that's the way it should be everywhere.
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Jul 20, 2016 18:31
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xxEightxx posted:$20 the backstory is fake and he's got some serious issues. $30 says it's Reddit, and the chances that any portion of the story is real are pretty minimal.
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Jul 21, 2016 06:07
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Not a personal question, but just a general question. If the DEA does reclassify marijuana to schedule 2, would MM prescriptions then immunize workers from failed drug tests under the ADA?
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Jul 21, 2016 07:55
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spregalia posted:Not a personal question, but just a general question. If the DEA does reclassify marijuana to schedule 2, would MM prescriptions then immunize workers from failed drug tests under the ADA? Sounds like you've already got a specific hypothetical in mind. If mj was sched II, and If worker had a prescription for mj, and If worker needed the mj as an accommodation to a disability, and If that disability and accommodation was provable, and If the worker suffered some adverse employment action as a result of his/her disability, Then, I guess so? (Not all that up on ADA)
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Jul 21, 2016 14:27
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joat mon posted:Sounds like you've already got a specific hypothetical in mind. Pretty much. Employers can't generally even test for prescription drugs which are not illegal drugs ("job related and consistent with business necessity").
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Jul 21, 2016 15:44
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But if the side effect of the drug caused you to be unable to perform some essential job function for which there is no accommodation available, you may not have a suit.
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Jul 22, 2016 01:04
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Drug tests for marijuana don't test for active components, they test for metabolites that can be in your system for weeks or months after use.
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Jul 22, 2016 01:18
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joat mon posted:Sounds like you've already got a specific hypothetical in mind. Yeah, I purposely was as narrow as I could be as I feel broader questions complicate the matter and usually require tons of caveats. Hot Dog Day #91 posted:But if the side effect of the drug caused you to be unable to perform some essential job function for which there is no accommodation available, you may not have a suit. Understandable. This isn't related to anything in my actual life (or any potential legal actions). This was more just trying to get some idea on how the law actually worked following a discussion with a friend about how employers would respond in the face of increasing MM legality.
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Jul 22, 2016 01:27
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Is there any reason I can't start two political organizations that have opposite goals?
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Jul 23, 2016 21:07
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What so you think "starting a political organization" means?
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Jul 23, 2016 21:30
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For pacs and similar, There's nothing stopping you other then the federal requirements for them. But good luck doing so
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Jul 23, 2016 23:03
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Nevvy Z posted:Is there any reason I can't start two political organizations that have opposite goals? In what country? First amendment protects you in America, but Turkey or Syria have different laws.
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Jul 24, 2016 19:15
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I think the interesting question is 'Candidate X stands in and wins an election. Subsequently it transpires that Candidate Y ran as a straw-man on behalf of Candidate X with the sole and express purpose of splitting Candidate Z's vote, and his campaign was bankrolled and controlled by Candidate X. Does Candidate Z have any remedy?' In the UK this probably boils down to 'can you annul an election on the basis of the dishonesty of the losing candidate?' and I suspect in those circumstances an election court would find a reason to fudge it.
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Jul 24, 2016 20:50
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Alchenar posted:I think the interesting question is 'Candidate X stands in and wins an election. Subsequently it transpires that Candidate Y ran as a straw-man on behalf of Candidate X with the sole and express purpose of splitting Candidate Z's vote, and his campaign was bankrolled and controlled by Candidate X. Does Candidate Z have any remedy?' One of the advantages of having a Queen, I suppose.
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Jul 24, 2016 23:09
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or, lets say that the DNC Wikileaks exposed more than just a general internal pressure to have Hillary nominated over Bernie, but showed a specific, concerted effort to disenfranchise Bernie, and you could prove the causal relationship between that effort, and the nomination result. The US doesn't have election courts; every federal judge was appointed by a president from one of the two parties; whats your cause of action? Who is the injured party? What would be your relief if you won?
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Jul 25, 2016 02:10
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Alchenar posted:I think the interesting question is 'Candidate X stands in and wins an election. Subsequently it transpires that Candidate Y ran as a straw-man on behalf of Candidate X with the sole and express purpose of splitting Candidate Z's vote, and his campaign was bankrolled and controlled by Candidate X. Does Candidate Z have any remedy?' We have seen things that look an awful lot like Candidate X helping Candidate Y win a primary to keep Candidate Z out: a lot of people suspect Republicans were behind Alvin Greene, and Claire McCaskill appeared to help Todd Akin win his primary.
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Jul 25, 2016 11:01
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First: We're in Wake County, NC. A few weeks ago my wife got a ticket for "failure to yield to blue lights," which is basically she didn't pull over right away for a cop with lights and sirens on. The exact law she was cited for is NC general statute 20-157. Section (a) I'm pretty sure. The thing is, the cop wasn't there to pull her over, he was trying to pull someone else over. So because she didn't immediately dive to the shoulder, the cop got pissed and pulled her over as well. As an excuse, she swears the officer didn't have his siren on, which is pre-requisite for the citation....she was listening to NPR and didn't hear it, and when she noticed the cop waving at her after he pulled up next to her she turned the radio off and still didn't hear it. Now this doesn't mean he didn't just do a quick "blip" or something and she missed it...but I know she listens to the radio real quiet, so honestly the chances of missing a siren are pretty slim, especially when it's NPR. But regardless, she's not planning on fighting it using that reasoning. We would need a lawyer and also some means to prove that the office didn't use the siren...so a dash cam from the office, which would have to be subpoenaed, and I haven't a clue how that works or how much that would cost...or if it would prove her right or wrong. So that said, her plan is to explain the situation and hope they're nice about it and just want to get her out the door without a fight. What the hell does this mean and what's going to happen? Mainly, what the hell is the process? She has to appear on Thursday (I know too late to really do anything), so what's going to happen? I don't know how the system works...all I know is that if she's going to fight the ticket, she has to schedule a new court date where the officer is available. So is she going to plead guilty to a clerk who's going to hit her with the max fine? Or a magistrate who will listen and cut her some slack? And finally, North Carolina has a thing called "Prayer for Justice Continued," or PJC. Basically, the way I read it, is that you plead guilty and ask the judge to "continue judgement," which means all you do is pay court fees and nothing else happens...for 3 years. If 3 years elapses and you've been good, everything goes away. If you get nailed on a similar ticket, then you're double hosed and have to pay for both tickets. This can generally be used for traffic violations, but the above violation is a class 2 misdemeanor. I have no idea if the PJC can be used for this or not...or even how to do it. So I think I already know the answer...talk to a lawyer. I'm just hoping to get some clarity here and not have to have this hang around for a long time.
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Jul 26, 2016 01:54
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