Vallejo, CA asked in Traffic Tickets, Civil Rights, Collections and Construction Law for California

Q: Constitutional 4th and 14th Amendment violations? -City and County of San Francisco , unreasonable search and seizure?

California Vehicle code section 40202 (a) states the peace officer or person authorized to enforce parking laws and regulations shall securely attach to the vehicle a notice of parking violation setting forth…..the procedure for the registered owner...pursuant to Section 40215, contest the citation

VC 40215 (a) states that a person may request an initial review of the notice by the issuing agency. The request may be made by telephone, in writing, or in person.

Citations issued by the SFMTA don't give the option to request a review by telephone. Due process? Citations invalid on their face?

VC 40207 (a) states that a person may request an initial review... The request may be made by telephone, in writing, or in person.

Reps answering the SFMTA customer service state we don’t do that. Nothing in VC re withholding moving permits but DMV withheld them.

Car towed while legally parked.

Notice by mail, no location of storage/make/model or mfg as required by VC 22852.

1 Lawyer Answer

A: it is often frustrating being a lawyer and having a judge rule contrary to the law.

clients don't have the money to hire you to make a motion ordering the judge to follow the law.

every county, courtroom and judge has their own take on things.

you can always appeal the results if they are contrary to the law

2 users found this answer helpful

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