I Fought the Law and ... I Won

Friday, January 19, 2007

I got a parking infraction sometime in August when I was moving my stuff into my parents' place. At the time they were in an apartment. I parked in the driveway at the front and was moving boxes through their patio door. When I was done, I took a rest; when I went out to move my car, there he was putting a ticket on my windshield, officer Sloute. Oh was I ever upset. I didn't realize it was a designated fire route: a $100 fine.

I booked a court date sometime in December to fight the ticket. It was my first time ever attending court so I had no idea about the proceedings. I wasn't sure if I should enter a guilty or not guilty plea. There were no signs indicating that it was a fire route but according to what I was hearing from the prosecutor, it is a known by-law that all driveways in apartment buildings and townhouse complexes are designated fire routes. So I decided to enter a plea of guilty with an explanation.

When my name was called I went up and was asked to state my name for the record; then I was asked which plea I would be entering, I said, "Guilty with an explanation." Then the judge asked me to state my explanation. I told him that I was moving my stuff into my parents' place and the reason why I was moving in was that I had been recently diagnosed with lupus. I also told him that there were no signs indicating that it was a designated fire route so I didn't know I was committing a violation. I closed my statement by mentioning that if I hadn't been upset about my personal circumstances and crying with my mom, I would have come out sooner to move my car.

He then told me that from my explanation I should have entered a not guilty plea. He motioned to strike my plea and moved my case to trial. I was in shock and so was the prosecutor AND the parking control officer. I was asked to have a seat and wait for my trial.

During my trial I presented evidence to prove that there were no signs posted where they should have been. Silly me opened my big mouth and said that unfortunately I only took pictures of one side of the driveway. The judge once again struck my motion and got the prosecutor to reschedule my court date.

As I was leaving, the officer came up to me and apologized for the whole thing. I thought that was nice of him. He then told me that usually the person would enter a guilty plea with a reason and the fine would simply be reduced. Maybe the judge was trying to throw me a bone; but I'm too honest and opened my mouth about the insufficient evidence. The officer then said that I should enter a guilty plea the next court date and go from there.

So that brings us to today. This time I was more prepared. I brought the pictures that I took of the driveway on both sides. I took the pics before we moved to our new place. We are no longer at that dump! However, I was confused whether I should enter a guilty or not guilty plea. I figured I would discuss it with the judge when I got up there.

I saw the officer when I sat down; I said how are you. He smiled and nodded. When the prosecutor asked everyone to check in, the officer came up to me while I was in line and told me that he had asked the prosecutor to withdraw my charge. I was shocked, surprised, and relieved. How nice of him. So when my name was called to face the judge, the prosecutor told her that she was withdrawing the charge. I was then told I was free to go!!!

I thanked her worship and the prosecutor; then I shook officer Sloute's hand before I left and said thank you. How awesome is that. I'm so relieved that I do not have a conviction and I do not have to pay a fine. It was definately worth all the trouble of going to court. It is also a blessing that I got an officer with a heart who was willing to see my side of the story.