Parking Enforcement Officer As Power-Mad Perp -- Ticketing Cars For Lack Of Inspection Sticker As They're Awaiting Inspection
This is yet another example of how government so often does not protect us; it victimizes us.
Tom Jackman writes in the WaPo about a Fairfax, VA parking enforcement officer, Jacquelyn D. Hogue, who comes into the lot where cars are parked awaiting inspection to slap tickets on them for not having their inspection stickers:
Bruce Redwine had seen enough. After years of watching a Fairfax County parking enforcement officer slap tickets on his customers' cars for expired tags or inspection stickers, usually as the cars were awaiting state inspection or repair at his Chantilly shop, he snatched the latest ticket out of Officer Jacquelyn D. Hogue's hand and added some profane commentary on top.Hogue responded by having Redwine arrested for felony assault on a police officer, though she is not a police officer. And when the case first went to court, a Fairfax judge sentenced Redwine to four days in jail.
Redwine appealed, got a jury trial last month and was acquitted within minutes. But the bitterness he feels at having to spend thousands of dollars in legal fees, plus being booked, fingerprinted and photographed at the county jail, with no prior record, is shared by numerous fellow auto repair operators at the Mariah Business Center on Sullyfield Circle off Route 28.
They don't understand why Fairfax police have zealously sought to enforce laws on expired tags or inspections, mainly on drivers who are making the effort to get their cars into compliance, while on private property. Hogue's appearance in the industrial park often set off a scramble to hide customers' cars inside the shops, the shop owners said.
"They're harassing the small businesses trying to make it in this tough economy," said Ray Barrera of A&H Equipment Repair. He estimated that his customers' vehicles had been hit with $60,000 worth of fines and fees over the past six years.
Fairfax police said they are only on the property because of a letter issued by Mariah's property management firm in 2009, specifically granting police permission to enforce county traffic, parking and towing ordinances.
I don't care whether Jesus and the Tooth Fairy granted them access. This has nothing to do with making cars safer and everything to do with making easy money for the state (and probably an easier job for the parking officer going after all these automotive sitting ducks).
Virginia and Maryland traffic enforcement would embarrass the SS. This is completely typical. Also, I don't know about Virginia law, but I don't think the lessor of a property is at liberty to simply grant anyone unlimited access to the property while it is under lease. (Of course, if they don't, traffic enforcement will simply set up right outside the entrance and look for cars to ticket as they pull in.)
It also seems like a catch-22. What if you are moving to Virginia and need to register a car from out of state? There is no way to get into compliance without already being in compliance.
Cousin Dave at October 13, 2015 7:10 AM
(Of course, if they don't, traffic enforcement will simply set up right outside the entrance and look for cars to ticket as they pull in.)
That is a little bit harder to do, than cruising the parking lot a couple of times a week.
But they don't have any right to be on the property, and this ticket issuer is not a police officer.
However, This looks a lot like the gun laws in the blue states. (You can't get a CCW if you don't already have one).
Isab at October 13, 2015 8:20 AM
That's all traffic enforcement is these days. That's all most law enforcement is anymore. No wonder respect for the police is at an all-time low. Poor people who cannot afford a lawyer are nothing but an ATM to legislators.
When I arrived in California in 1995, the fine for using the HOV land against the rules was $167. Today, it's $481. In 20 years, it's more than doubled.
And yet, I still see 10-20% of the non-exception cars on my morning commute with only 1 person in them.
Conan the Grammarian at October 13, 2015 9:14 AM
1. Parking enforcement officers are not police.
2. How does a landlord grant access rights to private property which is leased, without express consent from the lessee?
3. How is an expired [state] inspection sticker a 'county traffic, parking' or 'towing' ordinance??
drcos at October 13, 2015 9:18 AM
I'm fairly certain this happens a lot in single party states and locales. They don't need your vote, so they'll take your money with impunity.
MarkD at October 13, 2015 9:36 AM
I knew a police officer once that did this. He was actually a cop. His chief found out about it and tore him apart for it. How that man stayed an officer until retirement, I haven't a clue. He was always in trouble for being a jerk.
Hegwynne at October 13, 2015 11:16 AM
"Also, I don't know about Virginia law, but I don't think the lessor of a property is at liberty to simply grant anyone unlimited access to the property while it is under lease."
This and other comments lead me to say this: parking lots in SC MUST be placarded with something to the effect that "Parking lot is under police jurisdiction." Evidently there was an issue with police entering an innocent person's property to investigate someone with whom the innocent person was doing legitimate business.
In business law, if you control access, you assume some liability for the behavior of your tenant. The owner may have filed permission for officials to be on the property in this case.
Radwaste at October 13, 2015 11:49 AM
I live in Virginia, these inspection stickers is a big money maker. There are 2 inspections, emissions (every 2 yrs) and safety inspection every year. Asked the inspector last time, he didn't know of anyone who failed emissions.
Cousin Dave- "What if you are moving to Virginia and need to register a car from out of state? "
You have 60 days to change registration, I believe 30 days with a new car. But Northern Virginia has so many people from out of state and out of country they don't bother unless they get you for something else. DC area is a very transitory area.
Joe J at October 13, 2015 12:16 PM
I got ticketed for using a permit-only parking space while I helped set up the Pirate Festival last June. The instructions on the back said to write an excuse letter and send it to someplace in Inglewood, which is the opposite end of the state from me.
I wrote my letter on pirate stationery, using cursive script and a quill pen.
They still haven't replied.
Are they trying to find someone who could read it?
jefe at October 14, 2015 3:37 PM
Amy Alkon
https://www.advicegoddess.com/archives/2015/10/parking-enforce.html#comment-6247144">comment from jefeThey don't read these, jefe, but I like your style.
Amy Alkon
at October 15, 2015 6:59 AM
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