Full question:
I am an Oregon resident and while in notheren Cali at Cresent City look out I parked in a spot that was a handicapped space. I did not see the painted sign on the ground. The ticket that was written states it was a sign posted stall which it was not, there was no actual posted handicapped stalls in the parking lot . The parking officer spoke to some people that were standing around before issuing a ticket but did not speak to me. Their were other cars that were double parked (both were suv) that were not ticketed, both cars were next to mine forcing me into half of the handicapped space & the car that was written on the citation does not match my vehicle, the vin number is correct but the body style & color is incorrect, my vehicle is a green sport coupe, the veicle the citation is made out to is a grey 4 door make. Is this citation written as a sworn statment under oath? The bottom of notice states 'I certify under penalty of perjury that the foregoing is true' etc. Does this therefore make the body style & make being wrong an act of perjury. Due to the officer getting out of his vehicle as well as not ticketing any other car at that time, does this action constitute a discriminatory action? I have sent the Cali St Parks my protest and they have sent me back an indigent form for me to complete requesting a formal hearing what does this mean?
- Category: Parking
- Date:
- State: Oregon
Answer:
To prove perjury, it must be shown that the officer knew the statement was false when made. This can be challenging, as the officer may argue it was an innocent mistake, such as misidentifying the color of your vehicle. The court will consider all facts and circumstances to determine your guilt.
An indigency form is used to demonstrate that you cannot afford certain fees, which may allow you to have those fees waived and possibly receive legal representation at the hearing.
According to California law, perjury occurs when a person knowingly makes a false statement under oath (Cal. Penal Code § 118). If the officer's citation contains incorrect information about your vehicle, it could potentially be considered perjury, but the burden of proof lies with you to show that the officer intentionally made a false statement.
Additionally, the officer's selective enforcement—ticketing you while ignoring other violations—might raise questions about discriminatory action, but this would also need to be substantiated with evidence.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.