Double Parking Ticket Court WIN!

if you love liberty declare your independence by signing the shire society declaration at Shire Society calm so this matter solid for a trial and I have two complaints there are two complaints our honor and my witnesses are in the hallway I do just need to alert the court to two about changes that the state art one is going to be asking to amend okay so the complaint is that the vehicle was parked at a meter between eight and five after legal parking time had elapsed so these are two different so complaint alleging the violation at 333 p.m. that should allege a violation at Washington Street right now it states Main Street okay do you have any objection to that do you agree that I was Washington Street no not and just for the record you are mr. Waide yes yeah I that's not that's not what I have in the that's not what's in the complaint I'd object okay so I think the state is requesting that the complaint be amended to read Washington Street is that in my yes sir just be that kind of clean or watching a violation at 3:33 the times are different so there's one that alleges the violation on Main Street at 1:42 p.m. the state's not asking to change that location the one that alleges the violation at 3:33 pee on the seat saw seemed to change to Washington Street that's not a point that's not part of the body of the complaint it really has to do with notice I believe that the defendant would have received it to get on the vehicle itself and there are different times distinguishing on the complaints so the location is not a material element of the can clean and there's case law to support the state's ability to amend the complaint so the complaint that I have is not the ticket that he would have received on the window or on his car on his vehicle that a correct date they're different types of parking okay so do you understand that sir that she is alleging that it was a an error of scriveners of error correct is that where your other things that it should have been Washington Street in its Main Street I mean I object to a changing of the complaint because I my understanding was that that was my understanding that's what what I was told in the complaint he provided any notice prior to today of this amendment that was going to go forward no your honor so based on the fact that he has not had any notice of this change I am NOT going to allow another grant that motion to amend that complaint because he was prepared to before it on the Main Street we will proceed with the other any other ones correct it is Main Street correct and I do see that the hearing notices have it as Christopher award just for the purposes of the record it is Christopher we w AI D okay so so we're gonna just go forward now with the one complaint okay prior to hearing the witnesses it seems going to be asking to admit owes and exhibit a certified copy of the diffidence motor vehicle registration to many objections I'm sorry I'm good could you say that again let's see is requesting to admit the defendant certified motor vehicle registration it's an exhibit for that quarter I object to that too this was not presented as uh in my list of evidence would you like to be here I don't know it dad I don't have a written request for discovery so I'm not aware of if he did request that and if the defendant is objecting to that then the state would have no objection to a continuance although I don't think that that's quite a valid reason those states did send the defendant a witness list but I don't have anything in my file to indicate that he made a written request of the police department of discovery which is required before we can send documents of that nature and if the defendant is objecting in the court is inclined to grant that objection today then the state's proposal is that the remedy would be a continuance such that he can review that document into whatever he needs to do with that document prior to trial did you submit a written request for discovery um I was under my understanding that I need to submit it because it was already I already received Oh a list what did you receive a list of just the witness list yeah I received the witness lists which would have included the discovery so okay so it is a certified copy so I'm inclined to allow it in if you need more time to prepare based on the fact that you didn't receive it I will continue this otherwise well you can proceed okay can give me a minute to think about the store can I just go and notify the one witness that she yes thank you I would like actually a continuance do you wait one second done I'm sorry would you like to just wait one second store okay okay how much time do you need sir um and I would just indicate that if the defendant is asking for continuance the state's going to be pre filing that other complaint obstructed with the correct location you know what I think I can continue if this is what the prosecution would like to do okay then you may excuse that one witness you all do that when I hope she got the other witness and then so that's the state sins of the day [Applause] and then the seat would also be asking the court to take judicial notice of the city ordinance alleged in the complaint idea of a copy for the court it is my only copy and the court will take judicial notice of that if the first seating of this to support one for coffee or that yes please thank you got their way fit you can have a seat sir okay [Applause] I would like to request the sequester other witnesses okay well when she comes back in do that way she's present do you have multiple witnesses for this case just one there was a request when you stepped out he requested that the witnesses be sequestered do you have any witnesses no so there's only one witness so there's nobody to sequester okay and if a sorry parent jeez swear the testimony that you'll give today will be the truth under the pains and penalties of perjury do I need to put your hand down and take a seat Thank You Nancy your first time asking for the record the first name is Linda last name is du Russo's Li NDA calling the spelling into Rousseau des Rui SS LX and window where are you currently employed there the city of Keene and what is your role with the city of you I worked in the parking services department and what do you what are your duties and responsibilities in the parking services department to enforce the ordinances as pertaining to parking and in particular what is the ordinance at issue in this particular incident the violation was for an expired meter and what is the ordinance that covers an expired meter that between the hours of 8:00 and 5:00 there are designated parking meters spaces that have to have time on them if there are are fair expired then we issue a ticket for expired meter and how does one odd time shown either by coins or now we have a app that they can use on their phone and were you working your capacity for the city of Keene or on December 14th 2017 yes and that afternoon specifically just after 1:30 p.m. can you describe what you are doing I was walking in the center section of Main Street and observed the car that I hit put a ticket on at meter 228 which is a center section across from Guilbeau I was walking on Main Street in the center section of Main Street and I observed an expired meter and that was me to 228 which is located down across Gilboa Ave and did you do anything to document the vehicle that was parked in that meter yes I wrote a ticket which entails the entering the plate direction she's looking at notes not not justifying from her head I would track the witness not to look at anything your testimony just testified from memory and if you are unable to recall any information please just in to keep that for the record okay so if you could continue with your testimony in terms of what action you took upon observing that vehicle and in expired meters so I entered the information which includes the plate number the vehicle type in color in the location of the meter which has a number on it and I entered that as well and what was the license plate of the vehicle parked in the meter that you're describing it was 4 0 to 8 to 1 1 and if I may mr. yes sorry yes I'm showing you a job humanity could just take a moment or have a document what document it really are it was the state's exhibit one though I mean a it's the that's your service a certified copy of your registration okay and in looking on this document are you able to locate where the registration is sorry where the the numbered registration is for this particular individual the plate number yes and what is the plate number reflected on that document 4:02 a211 thank you and is that the same in the parking spot that you're referring to today yes and in terms of can you can you describe what observations you need of the parking meter itself to determine that it have been expired it was flashing zeros and in that particular location of meter 228 can you describe who owns the property directly in front of that meat are covered by that meter I understand the question the meter what area does it cover who owns that property that it's covered the city of King on Main Street and can you stay during what time of day that you observed that vehicle to be perfect in that spot news of 1343 and i have senior stating the time in military time can you see that in non military tonight yes 143 and upon writing that check out what did you do with that put it in an envelope that we have the ticket itself and putting it under the windshield wipers on the driver's side errand hours narrating the ticket is it documented in any other way well it's electronically you need the machine and then you get synced at the end of the day the end of my day and who was the individual and that the ticket was given to Christopher Wade and how did you determine that ejection she couldn't possibly know that that objections overruled I'm gonna let her inquire more okay how are you able to determine that it was it started wait who was she at that time because he came in immediately that same day for a court complaint and I happen to be in there when he did and do you see mr. Wade in the courtroom today yes where is he located sitting right here you're an older record reflect that the witness has identified the defendant it will do you work all of mr. Wade said anything that day when he came into the office yes it was it wasn't directed to me I have no further questions of this I guess you have any questions for this witness uh yeah I do so what was the color of the car the color that you ticketed how long was the car parked at the meter I have no way of knowing that how much change was put into the meter I have no way of knowing that did you calibrate the meter of that morning yeah do you have any way of knowing that the meter was functioning properly I have no reason to believe why it wasn't do you have any means of knowing that it was keeping accurate time I have no reason to know that it wasn't who is the city who is the city who was the city of Keene yes who's the city of Keene question and don't try that the witness is able to comprehend she even what that question is asking or I certainly it's related to a following question that you'll understand that can you rephrase the question well it directly pertains to what I'm being charged with here so the charge says the the city of okay the charge doesn't relate to the drivers it relates to the city of Keene so I want to know am i the city of Keene so that's your question yeah there's a mr. Waide is mr. Christopher Wade the city of Keene no I I don't understand it so that's the answer the question she doesn't understand your question okay um can you identify the city of Keene for me geographically um this is C Aquino government and local government okay I think that answers the question I would like to motion to dismiss as 49 - 1 52.1 only authorizes the city to implement parking meters and I am NOT the city as the witness has just demonstrated I'm sorry I don't understand um so so according are you done questioning this witness well I motion to dismiss so we started what the Williams has been would be the appropriate time to argue a motion to dismiss okay do you have any other questions for this witness um give me a minute and I'll I'll see if any other questions are now relevant given that we have one as opposed to two witnesses I do have some more questions actually do parking meters ever fail or in or as a result of bad weather weather no I'm sorry could you repeat that no weather no weather never causes the parking meters to fail no Oh interesting um was it cold that day it was December 14th I would have to look back and see I'm not exactly what the temperature was okay was there snow on the ground I don't recall okay turnip um did you see me a is it the car No when I approached when I approached the car after you had written the ticket I mean immediately after you print the ticket did I do anything unusual I didn't even see you okay did did you see me at any point following writing the ticket like when within an hour or within even a few minutes of having written the ticket yeah you were following me after that but I saw I see you until you came up behind me okay fair enough so you would say you you did see me here right immediately no I as I was putting the ticket on the car okay but immediately following the ticket races on your time and within a car or two away would be fair I'd be fair no it'd be father within five cars then at least almost halfway up that center section a means not even half a block I heard you before I seen you okay so fair enough you did identify the fact that I was I was there okay um do you associate me with any political or other groups um it's the credibility of the witness it sustained that's good different question [Applause] is there any reason that you would be this predisposed to not tell the truth today because of any affiliations or associations that you have with me you know I always tell the truth have you ever seen psychological counselling as the result of any associations with me or people you know that are connected to me credibility of the witness I don't think you've put enough forward laying a foundation for that but objection sustained when I was at the seat in the whole city hall building in the parking the parking department you'd made some comments about me derogatory comments and what what between you and your colleagues there other staying employees what what can we come see how can I ask this what steps did you or what will cut what what was the communications between you and your employees and regression in regards to attempting to punish me for being there I have no idea what you're talking about do you recall a conversation that you had with a another colleague while I was there I'm gonna love that question I don't think it was asked and answered could you restate the question please yeah what was the did you you recall me being in the parking department when I was requesting a trial correct at the window yeah yes okay and you were having a conversation with other employees Zachary you didn't have any conversations no while I was filming with other employees like they have anything to do with what you were there for so you admit having a conversation about me no not about filming I'm sorry Julie I don't recall that no I don't I don't but you do he's so you so you recall me being there I checked again because at the time she wrote the ticket she's already testified that she didn't know whose vehicle it was at that at the time so I don't see how after the fact any of this is relevant in terms of the actual charge that were here for today for an expired meter again it directly released the credibility of the witness if the witness has a bias against me then witness would be dismissed asked if she has a bias and sustained the objection and you just need to pose the question in a more direct way for her to be able to answer did you have any ill feelings towards me did you were you upset with my conduct in any way well it was disturbing thank you [Music] okay I am done with this witness and I would like to motion to dismiss so you don't have any further questions for this witness No okay any follow-up questions I hear in it in terms of the particular leader at issue in this case and its ability to function that day did you receive any sort of notification of any issues with that leader mm-hmm did the individual whose car was parked at that meter and received a ticket did he raise any issues with with its functionality that day that day no I did the meters or prior calibration in any certain duration here the duration of period of time and when you are writing the ticket for the particular vehicle at issue here at the time of writing the ticket were you aware of who the registered owner was of that the Imam and how is the registered owner of the vehicle discovered when you ask for a court date I have no further questions though I know based on that redirect do you have any questions for the witness so yeah I do have some more questions um so you don't know who the who parked the vehicle in that spot um so none of your testimony actually relates to me then correct I have no job based on the form of the question I mean I think it's pretty clear that there's a good amount of the testimony that does relate to the registered owner of the vehicle which was again I didn't say they were screwing the vehicle I said me I I'm gonna overruled the objection the question is do you have it's can you say it the question again do you have any testimony related to you was up that question yeah any testimony related to me the testimony that I've ever heard today is it's not it's not related to well yeah so that's what I'm asking is do any testimony is a testimony that you've given today of my vehicle or is it off me vehicle okay no further questions we all set with this witness yes sir you missed it thank you and can I am I able to make the motion to dismiss does that state rest okay now you may okay I would like to make a motion to dismiss as 49 - one 52.1 only authorizes this city to implement parking meters and does not apply to me could you could you save the section again that you're referring yes so 94 - 1 5 2.1 hey that's what I was that's what this is about this case and this it authorizes the city to implement parking meters but does not apply to me it's only the authorization for parking meters not there's no penalty it's not it's a Apple to me and I'm requesting the dismissal though the witnesses I'm sorry what I I'm requesting the dismissal of the witnesses which witnesses the witnesses that we had okay well I think we're holding them until I make a ruling because if you offer any testimony that there would be rebuttal for we would need them here I'm sorry of this of Linda that specific witness I'm more friendly but again till I make a ruling on your motion to dismiss if you would offer testimony and there was a need for a rebuttal that she would have to testify to we wouldn't be dismissing her from the case yet is that right we talking about excusing her from today you should dismiss her testimony testimony because it's not relevant to the charge okay do you have anything further you wanna state on your argument for the motion to dismiss I think I think I've summed it up okay yes your honor the defendant is subject to the king city ordinances and specifically the witness testified that the location of the vehicle was in a city-owned property it was subject to a metered space that had not been paid for in terms of the ability to park there during the specified hours I'd also sorry and I I believe he raised to point out the ordinances didn't apply to him it does apply he's the registered owner of the vehicle the vehicle was parked in a space owned by the city of Keene so I think I'm sorry did you have any more you want to have no your honor okay so I think the argument that is being put forth is that the complaint itself cites the RSA which presumably is the ordinance as 94 1 5 2 dash B 1 correct and which reads that the city is authorized to install parking meters to control parking each parking space will be Dillion aided by lines the placement of the vehicle and the space suitable signs indicating the parking restrictions regulations applicable will be posted in each zone so the complaint is alleging that correct and that is the section of the ordinance that applies to the situation in terms of it's a metered spot and then I do see that there is section two in the state can ask to amend for clarity that also suction to applies or it can simply strike the b1 and only remain than that he's subject to the entire provision of objection that's that's not what we heard it here at trial for today okay so based on the representation of the defendant I I'm gonna dismiss it I think that the site was a business cited in the 53 to file a motion to reconsider our citing all of the laws that you permit the state to amend complaints even after trial has started if you file that I will happily review that thank you [Applause] [Applause] we'd like to invite you to visit freaking calm freaking calm features audio video and blogs chronicling the transition to a voluntary society freakin calm also has comments and discussion forums so you can be heard freaking calm I should be in Keene New Hampshire with the Free Staters [Music]

Channel: FreeKeene

Views: 244,873

Rating: 4.4019933 out of 5

Keywords: free keene, liberty, freedom, voluntaryist, voluntarism, voluntarist, anarchist, anarchism, anarchy, libertarian, free state project, new hampshire, NH, activism, shire society, Keene, parking ticket, court, win, Erin B McIntyre

Id: Ja_kMmb75O4

Length: 40min 26sec (2426 seconds)

Published: Fri May 25 2018