Non-DIYEFI/City Code Harassment

[rambo at diversicomm.com]

Aron:

     I am not licensed to pratice in FL.  You should check with some
one who is before you do anything.  Generally the U.S. Constituiton is
considered to apply to the States through the 14th amend.

     This is significant in that if you are charged with a "criminal"
offense be it a traffic citation or saftey citation you have the right
to compell process and force individuals to testify.  You also have the
right of confrontation.  Which means you have a Constitutional right to
confront in a court of law the person or persons accusing you. 
Assuming you have not had a court date yet and you have not simply paid
the fine.  I suggest that you find out when your court date is, contact
the clerk and ask for an extention of time to locate a lawyer.  Then
the next day after you have bought more time, go in person or have a
lawyer contact the court and subpoena the dispatch logue for the
applicable window time for the agency that issued the citation. 
Contact the officer that wrote the ticket, he has the duty to tell you
who ratted on you.  
     
     If you have a buddy localy who turns wrenches for a living have
him give the car a once over.  Then at least give you an affidavit, if
not testify for you.  Get the officer or court clerk to tell you
exactly what statute  you are supposed to have violated.  Go to the
local court house and get a copy of it ASAP.   For most violations
there are clear elements that must be proven to constitute a violation.

     If you can successfully defend yourself against the citation, you
may be able to file suit against your "neighbor" for Malcious
Prosecution and/or Abuse of Process.  The officer MAY also be liable
for these "torts"..   Again run this by a local lawyer first.   Lastly,
 Law Suits are like gunfights.  Do not threaten the use of a weapon, it
renders you impotent.  If you are going to take some one down, do it.
If not don't take the roll of bad guy.  You may also consider seeking 
an injunction against the person and/or the agency that cited you if
you are successful in defending the citation.  If the judge or the
agency gets wind of what you intend to do with the victory in court
they will likely do what ever is necessary to find you guilty.  Then
you will have the expense and stress of appeals if you are still
interested in the vindication of your rights.

     On the pratical side: if you can you may consider, a tasteful car
cover, rent a 
stall for the car or park it at the home of a relative or friend that
is local.  Good luck, good hunting.

     Lastly, a "cause of action" can be similar to SEX, just because
you can have it does not necessiarly mean that you desire to do so...

CHEERS!

Ray
Rambo at diversicomm.com