Denver Parking Violations - Victory for Smart Car!

[wadilaw]

Friends,

I was cited for a violation of the Denver parking ordinances near my office in Lodo (lower downtown Denver) back in March. Basically I was fully parked in a spot and meter paid; but a Mini Cooper was partially in my spot. The Meter-enforcement Officer cited me for Denver Municipal Code 54-513. In the comments area he wrote: "Smart Car is sharing spot with Mini Cooper and is improperly parked."

I set the matter for a trial and just finished. I cross-examined the officer about what Sec. 54-513 (a) says, and showed him the actual ordinance which states: "A vehicle shall be parked wholly within the parking metered space for which the parking meter show a parking privilege has been granted."

I asked him where in that ordinance it stated you cannot share a space, he said it didn't say that but that "they are limited to what the ordinances say." Stunned, I asked him why he would issue citations for actions OTHER than what is listed in the ordinance; he had no good reply. It seems he was merely trying to punish me for sharing a spot, but without the legal authority to do so.

I argued both 1) violation of my due process because of lack of notice of what constitutes a violation, and 2) a straight non-violation of the ordinance he cited me for. The Judge dismissed the violation based on both.

When you get cited for this stuff, don't just pay it.....read the ordinance and see if you even have violated it. Do not assume these Meter Maids know the law, they often do not.

I cannot find any Denver ordinance that prohibits a small car from sharing a spot anyway; only one prohibiting a motor cycle.

I am an attorney who does major criminal defense work, so if anyone has a similar problem, let me know and I will assist you in Denver if your Smart Car gets a ticket and you have a legitimate defense.

Chalk one up for Smartcar rights! :

[forestacademy]

Yeah!!

But I Bet if the meter runs out you both get a ticket, Thus Doubling their potential Ticket Revenue

[SmartCard]

I'm confused....

Originally Posted by wadilaw

Basically I was fully parked in a spot and meter paid; but a Mini Cooper was partially in my spot."


I argued both 1) violation of my due process because of lack of notice of what constitutes a violation, and 2) a straight non-violation of the ordinance he cited me for. The Judge dismissed the violation based on both.

what about the simple argument that it was your parking space and the mini was parked illegally in two spaces? Glad it worked out for ya!

[JPaul]

Originally Posted by forestacademy

Yeah!!

But I Bet if the meter runs out you both get a ticket, Thus Doubling their potential Ticket Revenue

No need to bet, 'forestacademy'!
In the thread about double amd/or perpendicular parking in San Francisco, the regulations quoted was clear: as long as the parkmeter is running and both cars are within the space, it's safe. But when the parkmeter runs out, both cars will get ticketed (not verbatim, from memory).

[Alchemy R]

Congratulations on a win! I'll remember it... since I like to "share" my spots.

Originally Posted by wadilaw

Friends,

... only one prohibiting a motor cycle.

So if a motorcycle shares a spot they get a ticket? That sucks. I wonder if that's the "legislation" here too...

[24-42]

Originally Posted by wadilaw

Friends,

I was cited for a violation of the Denver parking ordinances near my office in Lodo (lower downtown Denver) back in March. Basically I was fully parked in a spot and meter paid; but a Mini Cooper was partially in my spot. The Meter-enforcement Officer cited me for Denver Municipal Code 54-513. In the comments area he wrote: "Smart Car is sharing spot with Mini Cooper and is improperly parked."

I set the matter for a trial and just finished. I cross-examined the officer about what Sec. 54-513 (a) says, and showed him the actual ordinance which states: "A vehicle shall be parked wholly within the parking metered space for which the parking meter show a parking privilege has been granted."

I asked him where in that ordinance it stated you cannot share a space, he said it didn't say that but that "they are limited to what the ordinances say." Stunned, I asked him why he would issue citations for actions OTHER than what is listed in the ordinance; he had no good reply. It seems he was merely trying to punish me for sharing a spot, but without the legal authority to do so.

I argued both 1) violation of my due process because of lack of notice of what constitutes a violation, and 2) a straight non-violation of the ordinance he cited me for. The Judge dismissed the violation based on both.

When you get cited for this stuff, don't just pay it.....read the ordinance and see if you even have violated it. Do not assume these Meter Maids know the law, they often do not.

I cannot find any Denver ordinance that prohibits a small car from sharing a spot anyway; only one prohibiting a motor cycle.

I am an attorney who does major criminal defense work, so if anyone has a similar problem, let me know and I will assist you in Denver if your Smart Car gets a ticket and you have a legitimate defense.

Chalk one up for Smartcar rights! :

I'm pleased that Justice was served, however I'm with "SmartCard":

what about the simple argument that it was your parking space and the mini was parked illegally in two spaces?

Donald LaFavor

[PerryA]

If the Mini was "partially in" your spot, wasn't the Mini straddling two parking spaces and thus not properly (and possibly not legally) parked?

[Gilbert's]

Parking officer are 2nd grade gradutes.....:

[SuperGeek]

How do they know which came first? The Smart or the Mini?

In the spot, I mean. Assuming, somehow, both could share a spot fully. If one's over the line, that one's clearly in violation.

[JPaul]

On "my" street, a one car space will accomodate a MINI and a smart... barely! Note the green posts marking the space. Despite the way it looks, both vehicles are within the space, it's a parallax effect.