Henri Forot
May 2nd, 2009 - 8:20 AM QuoteReply Re: Parking Violations/Taking the time to fight!/FOLLOW UP!
I was at the DOAH Thursday to fight five citations. Three were for illegal parking and two for so called taxi violations. The taxi stuff was decided in my favor before hearing and I was let go without a fine. Non suit is the word for this. What I learned while waiting for the non suit to be read into the record was worthwhile for all driver to know.
A fellow cabbie had requested a hearing about an obstruction of traffic charge. He poorly defended himself and was found guilty as charged. The city attorney tried to bring in previous DOAH judgements against the driver to get a stiffer fine. However, once the case is five years old it cannot be considered by the judge. Say one had a citation for overcrowding a cab line. He pled guilty. Now if it happens again within the next five years he could get a stiffer fine by law if it is a repeat offense.
The judge also told the driver that if he had said he was only stopped for 15 seconds or less to pick up a fare and had said the cop was unreasonable he would have found in the drivers favor. A witness and/or at least good testimony from the charged driver can beat this common charge. UNREASONABLE JUDGE AND I WAS ONLY THERE FOR 10 SECONDS TOTAL ARE THE KEY WORDS HERE. Also: If I am not allowed to stop for a flagger no one would ever be able to take a cab in many areas of the city. This is unreasonable.
My defense of the parking charges wasn't as effective as I thought it was going to be. I ended up winning all three on improperly written citations. The city sticker law has two sections 1) does the vehicle have a current one 2) was it properly displayed. The revenue dept. aide did not mention which I was charged under. Defective ticket. For the record I had a sticker on the car and had the receipt and photo of it in court. I was prepared to throw the whole barrell of reasons I was not guilty into the mix in case I would have to appeal the tickets in County Court. My guess was that if I had said the right thing on tape that I might have a chance at the higher level even if the hearing judge found against me.
Interestingly enough I did not get the notice of parking violation in the mail for 4.5 months after the citations were issued. None were ever placed on the vehicle. This happened two hours after I had argued with this revenue dept. employee and had taken her photo while she issued a citation to an empty parking spot. I made the mistake of joining the fray when I saw her issueing a citation to a vehicle that had stopped to discharge and then had pulled away. I would estimate the offending vehicle was parked for less than 15 seconds. I am sure she saw my vehicle when I pulled the camera out and wrote me the three tickets while enjoying her lunch. My thoughts are that the tickets were withheld so that I might not realize or would not be able to defend myself since my registration exprired in December like all taxi cab plates do. The tickets were issued Oct27-08 and the notice was marked March 15-2009.
I believe there is a state law on the books that the notice has to be within 120 days and the response in due within 60 days. The terms the city is enforceing are unfair. We need to get the playing field leveled. Prompt notice with a decent amount of time being allowed to properly respond is key. If one is given a traffic citation he/she is to brought to trial anywhere from 15-60 days. No more or less. At least one continueance is is allowed. The pay or contest date on my notice is fourteen days after the notice date, not the date I actualy got it in hand from the post office. The city needs to be taken to court about these unfair practices. It is sure to be a great battle as we would be attempting to mess with a primary revenue source. Does anyone else feel they have been cheated unfairly?
i dont worry about these. i worry about too many cab in chicago, and too many unfair regulations like credit cards.
Why not get a life? Quit complaining and move on. Mc Donald's is good for someone like yourself. I wonder if the CTDU has the stuff to go to the mat about this kind of stuff? George?
He is right in complaining about too many cabs and those unfair and misguided regulations.
I agree that we have to deal with bigger more serious issue like this.
Henri,
George Lutfallah knows I don't think you are Donald Nathan.
Why don't you settle our bet and agree to meet the two of us somewhere?
Assuming you aren't "Henri Forot" or that you have ID to prove you are.
I believe you know Donald Nathan well...am I right?
-Mike Foulks
I wish I had read this before court. I lost an obstruction hearing last week against some fat city attorney in room 106. Anyway, thanks for sharing Henri. See you in the streets!
That place is full of crooks, liars and cheaters. When, you have go to that place. You will always be guilt on there terms. Even, if made mistake. Your guilt for them. So, there pockets can get rich and Daley. Can keep pocketing the money.
As, long Daley is in office. The cab business is going to be screwed much more.
