"Ask the Judge" column continues in La Prensa, 7-29

Ask the Judge: Tales from the courtroom

By Judge Steve Walker

For the past two weeks I have shared real life tales that have happened in my court involving plaintiffs and defendants who have either behaved badly a success story of a 5-year-old who received her diploma from Pre-K after her parent was cited for failure to take her to school in the mornings.

In the past I shared the story of the elderly woman who requested I dismiss her traffic ticket for a medical reason because she admitted that she was driving while dizzy!

This week I will share stories about defendants who come to court to plead their case on what they perceive is a case of illegal towing of their vehicle from various properties.

Over the past year the media has focused on towing companies who appear to be running scams on unsuspecting motorists who leave their vehicle unattended in various parking lots around the city. The news stations show hidden video of the vehicles being booted and towed away at owner’s expense.

In Pct. 2 Justice of the Peace Court we have many scenarios to include towing cases that we hear that either make you say, “huh?” or “what the?”

Week after week I hear those towing case stories from defendants that make you scratch your head and want to say, “what the?”

First of all, unfortunately the majority of defendants that come in my court on towing cases are unable to prove that they were “illegally” towed.

As any case, it is the plaintiff’s burden to prove that the towing company knowingly towed their vehicle, “illegally.”

Numerous defendants will present photos of the area where their vehicle was parked and some even show videos of the area. Normally those photos are taken after the fact on a different day. Many people who come in my court take the photos in the day time although their cars were towed at night which is legitimate but doesn’t always help their cause.

They complain there were no signs on the property at the time and then show me a photo that proves the towing companies case that there were indeed signs. The towing companies that come to my Court routinely take photos at the time of the towing. Documentation is the key to winning your case. The adage that a picture is worth a thousand words is just that. Pictures tell the tale.

One defendant actually handed me a letter from his apartment complex manager stating he was parked in a non parking slot. His car overlapped the painted lines of the slot which meant he was parked in two lanes, not one, which is illegal. He was towed away.

He kept repeating, “But where my car was parked was not a parking slot!” I answered, “that is why you car was illegally parked, because it was a NO parking zone!” Makes you want to say, “what the?”

Next week some more towing stories.

Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.

Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist.