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What? No Jury Trial for parking tickets? No right to X-examine my accuser?

Plano, TX |

I'm fighting a parking ticket for parking the wrong way on a 2-way street in front of my OWN house. In my "hearing", I ask the hearing officer to confront my accuser. She said I had to make the "request" BEFORE the hearing. Anyway she made it clear I could NOT get a jury trial for a non-moving violation and in this hearing I could NOT confront my accuser though she would call the officer for further testimony from him. My defense is the confused officer ticketed my car when he should have nailed my room-mate. What do I need to do to get a real trial w/ a real jury? And another person who fought his Dallas parking ticket said they would not give him a jury trial either though they dismissed his ticket when he showed up for the appeal.
http://www.pegasusnews.com/news/2010/mar/26/dal

Attorney Answers 3

Posted

(1) The right to a jury trial does not attach to a traffic ticket in any jurisdiction of which I am aware.

(2) Cross examination is done by parties, and is not the the job of the hearings officer, the judge, or the court.

I truly wish you the best.

This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

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Posted

Crazy, isn't it, that you don't get to confront your accusers. Unfortunately, it is the law.

How would the officer confuse your car with your roommate? The car that was parked the wrong way got the ticket. Since it does not affect your insurance, then that is why there is no right to a jury trial. (You have a right to a jury trial on traffic matters at least in Texas. The other lawyer is incorrect on this point. This is because there are collateral consequences - points on your record and raised insurance rates.)

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Posted

The law no longer permits you to have a jury trial for a parking ticket. Be careful because the state is trying to do the same for speeding tickets as well. The state's current foothold is the red light camera.

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