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Old 03-22-2006, 04:21 PM   #1
kiefer
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Angry 2 Tickets for 1 Parking Violation

So I came home from work last night and noticed that my girlfriends car wasn't parked in the same spot that it had been for the past week. I mentioned this to her as I walked in, and she said that she hadn't moved it. Long story short, it was towed because they said she was parked within 10 ft of a fire hydrant. I promise you she was at least 8ft from that hydrant, if not the full 10. I think the popo were just bored. ANYWAYS...she got two $75 tickets for the violation (along with the $125 towing charges). One was from the Boston PD and the other from Boston's Transportation Dept. Both were written yesterday. According to the Boston PD, she has to pay both of them. My question is how can one government issue 2 tickets for the same offense on the same day? That can't be legal. Any suggestions about how to proceed?

Thanks!
-Chris

CN: Can you be issued 2 tickets for the same parking violation on the same day (one from Boston PD and one from Boston's Transportation Dept)?
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Old 03-22-2006, 04:31 PM   #2
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The infraction of parking within 10 feet of the Fire Hydrant and the towing fee are seperate. Like if you parked in a Handicap space and your car got towed. One is a fine, one is a fee. Either way she's screwed. Just make sure you check for any damages the towing may have caused.

Seth
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Old 03-22-2006, 04:54 PM   #3
redobs
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So, she got 2 parking tickets and one tow charge?
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Old 03-22-2006, 04:54 PM   #4
Snowphun
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Read again.

Two fines tickets seems odd, did the PD offer an explination?
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Old 03-22-2006, 05:10 PM   #5
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this has happened to friends of mine. not the same infractions but if they give you a parking ticket you have 6 hours to move or do what ever before they can issue you another ticket for the same infraction. and they can do this until you do something. which is stupid because if you work 8 hours a day and don't go to your car during that time you can get two tickets without even knowing of the first.
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Old 03-22-2006, 05:12 PM   #6
kiefer
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Just to clarify, she got 2 tickets PLUS the towing charges of $125. Both tickets were for the exact same thing: Parking within 10 ft of a fire hydrant - $75 fine. The explanation from the Boston PD is that one ticket was issued by them, and the other ticket was issued by the Boston Transportation Dept (ie the meter-maids). Since the tickets are coming from 2 separate government bodies, it's not considered double jeopary. My opinion is that they are both parts of the same local government, so it is double jeopardy because the Boston government is charging her twice for the same crime.
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Old 03-22-2006, 05:24 PM   #7
wit2003
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as far as i know you can keep getting ticketed until you move.......someone prove me wrong though....... please
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Old 03-22-2006, 05:43 PM   #8
kiefer
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Also, both tickets were given on the same day...about 4 hrs apart. Not sure if that makes a difference.
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Old 03-22-2006, 05:43 PM   #9
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does it say anything on the back of the ticket? there's a bunch o writing back there that might say something?....

otherwise it's really not double jeopardy ... like wit2003 said, and like i stated before, you can keep getting tickets until you move the car or in this case because it was a possible "public threat" because it was "blocking" a fire hydrent. most likely the "meter maid" was the one to call the tow....


and i think double jeopardy only applies to murder?.... where as you can't be charged with killing the same person twice....
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Old 03-22-2006, 05:59 PM   #10
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I'd fight it. It should be an offence in either one or another's juristiction. I.E. either the PD is responsible for safety, or BTD is.
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Old 03-22-2006, 06:05 PM   #11
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"I promise you she was at least 8ft from that hydrant"
i will take your word for it now pay the tickets.
why risk someone dying in a fire.
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Old 03-22-2006, 06:53 PM   #12
kiefer
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Quote:
Originally Posted by silvaru
"I promise you she was at least 8ft from that hydrant"
i will take your word for it now pay the tickets.
why risk someone dying in a fire.
Ok Mr. Over-Dramatic No one was in danger of dying in a fire. The fire hydrant is 27ft from the nearest driveway. My girlfriend's car is approximately 16ft long. She was parked about 2 ft from the edge of the driveway, so that means the back of her car was approximately 9 ft from the fire hydrant. I said 8ft to throw in a margin of error. Now I don't know about you, but when I park my car, I don't get out and measure how far I am from the nearest fire hydrant. I know there are plenty of people who park in front of fire hydrants, but neither I nor my girlfriend fall into that category. I get just as pissed as you do when people endanger others because of their laziness. She's not going to fight the ticket (she did break the law). What I'm trying to figure out is whether or not it is legal for Boston to hit her with 2 tickets for the same infraction in the same day. Thanks for your input!
-Chris
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Old 03-22-2006, 07:43 PM   #13
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Quote:
Originally Posted by kiefer
What I'm trying to figure out is whether or not it is legal for Boston to hit her with 2 tickets for the same infraction in the same day. Thanks for your input!
-Chris
Chris..sorry to hear this happened. But I'm glad you are focusing on the issue at hand.

Don't quote me on this, but remember hearing from a friend who had 2 tickets issued for something very similar (too close to a handicapped spot). What she had found out and told me, once again don't know if this true or not.

Apparently for anything other than a parking meter time limit violation, the police can issue a 2nd ticket 2hrs after the first one was issued and continue to do so. If it is an emergency situation (ie., hydrant, handicap space). They can tow the car away or continue to give you tickets every two hours depending on the officers discretion.

Agian this is something I heard. Perhaps looking at ticket issue times may shed some light on this for all of us. Hope it helps.
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Old 03-22-2006, 09:50 PM   #14
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Ever see the movie "Double Jeopardy"? I think this means you can legally kill your ex-husband, now.
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Old 03-22-2006, 10:29 PM   #15
kiefer
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^^^
As for the times involved, the BTD ticket was issued 1st at 12:56PM and the Boston PD ticket was issued at 6:35PM (I'm assuming that this is also the time the car was towed).
-chris
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Old 03-22-2006, 11:07 PM   #16
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Section 17. Multiple Parking Tickets-What Constitutes a Separate Violation
1. A vehicle which has been issued a parking ticket in accordance with Section 13B of Chapter 190 of the Acts of 1982 and these regulations, and has not been moved in the interim, may not be issued a second parking ticket for six (6) hours, with the following exceptions:
a. If the parking regulations at a particular location change due to time, then a second parking ticket may be issued after the expiration of ten (10) minutes from the time the first parking ticket was issued.
b. Parking tickets issued for stopping, standing or parking in violation of Article IV, Section 1, Part 24 (no valid registration plate), Part 25 (no valid certificate of inspection) and Part 26 (performing non-emergency repairs to a vehicle) may be issued independently of parking tickets issued for a violation of any other regulation.
c. Parking tickets issued for stopping, standing or parking in violation of Article IV, Section 4, Part 5 (parking beyond the time limit indicated on the parking meter).
2. Only one (1) parking ticket may be issued during a twenty-four (24) hour period for a vehicle found to be in violation of each of the following regulations:
a. Article IV, Section 1, Part 24 (no valid registration plate)
b. Article IV, Section 1, Part 25 (no valid certificate of inspection).
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Old 03-22-2006, 11:31 PM   #17
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in an emergency the FD has no problem doing this....
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Old 03-23-2006, 11:00 AM   #18
kiefer
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Thanks Jester. So it appears that she shouldn't have been issued a 2nd ticket because it was less than 6 hours later. My girlfriend spoke with someone at the BTD this morning and he said that she should pay the BTD ticket (since it was issued first) and mail a copy of the paid BTD ticket (with confirmation of payment) along with an appeal letter explaining the situation to the Boston PD. According to him, this is pretty common, and they'll drop the Boston PD ticket (since it should not have been issued). We'll see. Thanks for the help guys.
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Old 03-23-2006, 12:57 PM   #19
MacCherry
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Quote:
Originally Posted by Jtree
in an emergency the FD has no problem doing this....
Heh-heh... If I was a firefighter, I would have threaded the hose through all six windows...
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Old 03-23-2006, 04:21 PM   #20
Jack
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Quote:
Originally Posted by rjp
Ever see the movie "Double Jeopardy"? I think this means you can legally kill your ex-husband, now.

There was also a "Law and Order" where a guy is acused of killing his wife. He's convicted and goes to prison. He behaves and gets out. His wife was actually not dead (they found no body) and is now married to the guy's brother. He kills the wife.

He claims double jepardy since he was already tried on this particular crime.

I don't remember how it ends........

I don't believe he received a parking ticket.

jack
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Old 03-23-2006, 10:00 PM   #21
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Quote:
Originally Posted by Jtree
in an emergency the FD has no problem doing this....
It does even more damage if they go over the roof. Those 5" hoses have a hell of a kick when you first put water through them.
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Old 03-25-2006, 04:35 PM   #22
kiefer
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Default Interesting turn of events...

For those of you that heard of the fire in JP on South St (Story Here ), the fire hydrant my girlfriend got towed away from is directly across the street from those stores!! And before anyone flames me (no pun intended...well maybe I intended it ), if she had been parked where she was, the firefighters would have had no problem using the fire hydrant. She wouldn't have caused anyone to "die in a fire" as was previously suggested.
-Chris
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