CONTEST YOUR PARKING TICKET : In case you didn’t know it, you can contest every parking ticket you receive. You have to the right to do so under constitutional due process of law that is secured to you in accordance pursuant to U.S.Const.Amend.14 or the federal Fourteenth Amendment.
However, you’ll receive this due process of law under what is called statutory ADMINISTRATIVE Due Process of law. You see, things have changed since the United States went from a constitutional republic to a statutory maritime admiralty law democracy and today, before you can actually argue or contest anything on a constitutional basis you first have to exhaust your statutory administrative remedies. Basically, this means you must first argue the FACTS of a matter or case before law comes into place and you can argue your case from a legal perspective.
All summary proceedings such as parking violations, traffic violations, and small claims court are jurisdictions whereby you go to court to argue the FACTS of a matter, which means you are arguing what happened (i.e. he said, she said), not to argue the law.
Law (constitutional, statutory, and case-decisional) really doesn’t apply in these jurisdictions though you can make it apply because all courts are courts of law, well, at least purportedly. All courtrooms have a duty under law to acknowledge the United States Constitution and the Constitution protects your right to argue the law. If you don’t know this you will be steamrolled over as all summary proceedings are set up to get you in and out of the proceeding within 5-10 minutes. Summary proceedings such as parking and traffic are set up to primarily collect money under the guise of giving you due process of law.
Okay, now to contesting your parking ticket.
First, understand that parking tickets were created to RAISE MUNICIPAL REVENUE. Parking citations have absolutely nothing to do with “public safety.” However, local governments are unlawfully using the state’s “police powers” clause to collect money via random and arbitrary taxation via parking (and traffic) citations or tickets.
Anything the State (government) will do to you (or take from you) will be done via its police powers. However, the law is very clear that police powers are subject to LIMITATIONS of both federal and state constitutions. Consider the following:
Okay, now to contesting your parking ticket.
First, understand that parking tickets were created to RAISE MUNICIPAL REVENUE. Parking citations have absolutely nothing to do with “public safety.” However, local governments are unlawfully using the state’s “police powers” clause to collect money via random and arbitrary taxation via parking (and traffic) citations or tickets.
Anything the State (government) will do to you (or take from you) will be done via its police powers. However, the law is very clear that police powers are subject to LIMITATIONS of both federal and state constitutions. Consider the following:
“The police power is subject to limitations of the federal and state constitutions, and especially to the requirement of due process. Police power is the exercise of the sovereign right of a government to promote order, safety, health, morals, and general welfare within constitutional limits and is an essential attribute of government.” Marshall v. Kansas City, Mo., 355 S.W.2d 877, 883
And further,
“State police power.” Every state has the power to enact laws for the protection of its citizen’s health, welfare, morals and safety and such power is derived from the 10th Amendment, U.S. Constitution. This power is upheld if exercised in a manner consistent with its ends and if the means used are reasonably calculated to protect one of these legitimate ends. See police power. Black’s Law Dictionary, 5th Edition
Basically, if we understand the above, police powers can be exercised for the protection of its citizens (nowadays called “residents” which is totally different in meaning from “citizen”) pertaining to: (1) HEALTH, (2) WELFARE, (3) MORALS, and (4) SAFETY.
Now please tell me how parking tickets protect people’s health, welfare, morals, and/or make them feel safe. Parking citations do not meet the lawful criteria of police powers and thus are issued solely for REVENUE collection purposes; however, local governments are using their police departments to issue parking tickets. But the law prohibits states and their principals (cities and counties) from exercising their police powers to collect revenue
Please consider the following:
“The police power cannot be exercised for the purpose of extracting revenue.” Viquesny v. Kansas City, 305 Mo. 488, 266 S.W. 700 (1924)
And further,
“The distinction between the police power and the taxing power is clearly drawn by the authorities. *** If [a measure] is given as a police, it must be exercised as a means of regulation only, and cannot be used as a source of revenue.” Robinson v. City of Norfolk (Va. – 1908) 60 S.E. 762, 764; Village of Lemont v. Jenks (Ill. – 1902) 64 N.E. 362, 364; 16 American Jurisprudence, 2d Series, pg. 42, § 365
In truth, while police powers are exercising state, county, and city regulation of parked vehicles, however, the whole thing is based upon extracting revenue from people as parking citations demand money, which is paid to the government agent for revenue. Parking tickets do not protect people at all and so public safety does not come into play here pertaining to parking tickets.
All of the street signs you see regarding restricted parking is for purposes of catching people slip (forget) and thus cite them. You are inundated with numerous parking signs for a reason. You’ll even admit that in many major cities such as Los Angeles, Chicago, New York City, etc. there are so many signs posted on one same street that you can’t help but to be confused. One sign says 2 hour parking except on Sundays and holidays. Another sign may read: “Restricted Parking: permit needed.” Another sign may read: “Street Cleaning – No Parking on Thursday between 10 a.m. – 12 p.m.”
Your poor mind has to do so much thinking (and fast) and most people mind’s are not that sharp due to what they unwisely put into their bodies and minds. And God forbid you are running late for something. You won’t have time to read and decipher what every single sign is saying. Municipalities bank on this and they have been successful here. Our lives are so busy that we don’t have time to read all the signs on streets, but government’s sentiment is: who’s fault is this?
TO BE CONTINUED......
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