Thursday, May 27, 2010

My day in court, well a few minutes anyway

I had a date in court today to fight a parking ticket.  Over a year ago, I had an appointment at Toronto East General Hospital.  As you can imagine the parking options are always bad around the hospital, but as I circled a second time I saw someone pulling out of a spot pretty close to the hospital on Coxwell Ave.  I couldn't believe my luck.  I pulled in and hopped out and headed over to the ticketing machine.  Before I got my ticket, and still quite close to my car I notice a ticketing officer and make a gesture of "hey, don't ticket me, I just pulled in and I'm going to pay for my ticket, right now, like, ok!".  Of course, when I came out, I found out that I'd actually parked in a drop off area for another medical building.  I felt that this just wasn't right, the officer must have seen me pull in, allowed me to pay for my ticket and not say I'd parked illegally.  Therefore I went down to the parking office and told then I was going to fight the ticket.  (Funny how ticket means two opposite things in the world of parking!).  

So my court date was today.  This is the second parking ticket I've fought against and they have both been in the court offices on Markham Road in Scarborough (quite the drive).  My first ticket a few years ago was dismissed because the officer didn't show up.  Today, after I checked in, I learnt that the officer was in attendance.  I noticed that many people checking in to the court clerk were pleading guilty, I however wanted to argue my case.  Just after I indicated I was pleading not guilty, the clerk stood up and made a clarification for everyone (and perhaps especially me), that if you plead guilty, it's very likely your fine will be reduced.  However, if you plead not guilty, you could face a larger fine.  Furthermore, she said some legalize about the black and white of a parking offense, you're guilty if you parked illegally.  Maybe I should have just taken the easier path and not worry about taking my chances explaining my case ?  I had parked illegally, but I wanted a chance to explain my story and bring to light what I think was unfair, unethical and perhaps even be as bold as to say it was entrapment !  I wanted my day in court (I honestly would have been ok paying more jsut to make my point!).

So they began calling up the cases, and many people simply confirmed that they were pleading guilty and the judge lowered the fine (quite considerably in many cases, e.g $20 down to $5).  There were a few cases that were dismissed since the officer had no evidence to prove his case.

So my time came and I was called to the front.  I provided my name and the clerk said the officer had no evidence to present so my case was dismissed.  How anti-climatic !  I felt a little cheated.  What evidence did he need ?  Sure, I was happy to leave the court and get on with my day, but I wish I'd had a chance to tell my story - thanks ma'am, but can I tell you what happened, see that officer over there, well he's the one who should be in trouble...

1 comment:

Unknown said...

I've got a court date to fight a parking ticket coming up on June 24. Also at the Markham Rd. courthouse, which is only a 5 minute walk from my house. My first argument will be that my Charter right to a speedy trial has been breached, as it will have been 17 months since the ticket; whether that works depends on the judge, it seems that sometimes as little as 8 months is enough, other times it has to be over a year and a half.