I woke up yesterday morning to a notice on my door from the city, informing me that I was being ticketed for violating the cities water restrictions by watering on the wrong day. I got a more official ticket in the mail today. The citation is for both watering and for having water in the gutter.
I don’t water my yard, and don’t even own a water hose. None the less, I do in fact have water in the gutter. Further gathering of evidence reveals an AC drain pipe on the side of the house draining a significant amount of water. The water in the yard and the gutter is clearly coming from that source. The gutter on the opposite side of the street is dry, as is my neighbor’s (I live on a corner so I only have one neighbor).
My question is how do I prepare evidence regarding this situation for my court date? Will a note from the AC repair person attesting to the source of the water be adequate, even though they obviously weren’t there at the time of the alleged offense? If I want to present photographs and video as evidence, how does one typically enter such evidence for the court to consider?
Thanks. I respect your knowledge and opinion. I thought it would be hearsay if I MYSELF in court said “my AC guy said it came from the pipe”
Rather than if I entered a written statement from him into evidence. So the AC guy would have to be present in the courtroom? (I assume this is not a criminal trial)
Get your meter readings for the past few months. If you don’t water your yard, then your usage should be quite low. If your city has installed remote read water meters, you might be able to get your daily usage which would show that you have consistently low water usage every day.
I’m not sure I believe that the source of the water is from the AC. That seems like way too much water if it’s actually draining to the street. Typically it’s just a drip-drip-drip that would soak into the dirt. If you are getting a lot of water from that pipe, check to see what it actually is. It might not be an AC drip line. One possibility is that it’s the hot water blowoff pipe. That’s a pipe that releases excess water from the water heater if the pressure gets too high. Another possibility is a burst underground pipe in the area of the drip line that’s bubbling up water. It might help us to see a photo of the drip line if you can get one uploaded.
That would depend on the local rules of evidence. In my jurisdiction, affidavits are only acceptable for non-final decisions. If evidence is needed on the merits of the matter, then the person has to be called, unless there is a specific statutory provision allowing proof by affidavit. YMMV, obviously.
With respect to Euphonious_Polemic’s question, whether this would be considered a criminal matter, with criminal rules of evidence, again, would depend on the local jurisdiction and the applicable procedural law.
So too is if you say: “My AC guy gave me this note which says it came from the pipe.” Either way, the information is coming from you, not from the AC guy.
It would be particularly difficult if the note was signed “Euphonious_Polemic’s mother”.
Unfortunately, once you get in the system, it can be difficult to prove your innocence.
Once I got a ticket when I made a left turn at a non-busy intersection around 5:15pm, and posted on a diagonal pole was a sign saying “no left turn between 5-7pm” where you didn’t notice it until you were already into the turn. A cop was posted right there and gave me a ticket. I thought it was an unfair setup, so I decided to try to fight it in court. I showed up clean-cut in my nicest suit. I knew I was in trouble when the judge was yelling “WHAT? WHAT I CAN’T UNDERSTAND YOU! SPEAK UP!!” very rudely to the first defendant, who was using a voice box to speak. It was my turn next, and I very politely stated my case. The judge said “I don’t know what you expect me to do, Mr. solost. The sign was posted according to state law. Just be glad it was a sign you missed, and not A KID YOU HIT!!” I was pissed at that, but kept my mouth shut and paid the fine.
Another time Mrs. solost got a photo speeding ticket in the mail from Cleveland. Not only had she not been to Cleveland, the photo was of an SUV, and she drove a sedan. The plate was blurry and a ‘C’ could have been a ‘G’. Simple mistake. I called and someone in the traffic dept. told me to just take a pic of the vehicle and plate disputing it, and mail it. I did so, and after a few weeks made a follow-up call. I got another person, explained the issue and she, practically yelling over the phone, sputtered “WHO TOLD YOU TO DO THAT? YOU CAN’T JUST DISPUTE IT!” I heard furious keyboard clicking as she called up my case, and she said, “huh. It’s been closed out. Guess you’re all set.” I was lucky that time, but if I had gotten her on the first call, may have had to cough up an unfair fine.
Not to be pessimistic of your chances, or disparage the entire Justice system, but unfortunately once you’re caught up in the bureaucracy, “guilty until proven innocent (if you’re able)” seems to be the actual reality a lot of the time.
In court I would question the “investigation”. Did the investigator just assume the water in the gutter was from watering your lawn? You know what happens when you assume. Did the investigator walk your yard to see if it was damp? If you had watered it enough for runoff the grass/soil would have been damp. How green is your lawn, if you never water your lawn the color would be way different then one that is watered regularly. Take a video of the A/C drain to show the volume of water coming out.
Did you wash your dog outside? Rinse out a dirty pail/container? Multiple reasons why water could be in the gutter that is not the result of watering your lawn.
Another good point mentioned is if you can get a daily water usage report, if all days are relatively the same obviously you did not water your yard to the extent of runoff.
But your innocence is not something you need to prove, right? The OP should be able to go to court, promise to tell the truth, then testify that he did not do what he’s charged with.
Sure. And the prosecutor will introduce the testimony of whoever issued the ticket, who has likely issued thousands of such citations and will have very high credibility. The prosecutor will also know what the actual provisions of the law are. For instance, @FlikTheBlue says that the citation is for both watering and having water in the gutter. If having water in the gutter is itself a violation, then it doesn’t matter if it got there from an AC runoff.
OP, your best bet is probably to call whatever the prosecuting office is and see what kind of deal they’re willing to make. The very fact that you’re willing to take this to court may induce them to cut a deal to save everyone the hassle.
Thank you everyone for your replies. Those of you who suspected it wasn’t the AC turned out to be correct. I got a better look at things today* and it turns out a pipe has busted and was / still is leaking. I have a plumber coming out later today. It may not even be worth it to challenge I court, since technically I am in violation of the restriction, although it wasn’t a willful violation.
I’m not a plumbing expert. My assessment last night was complicated by it being twilight and having to deal with a horde of mosquitoes and muddy ground while trying to figure it out. Yes, the AC is also old having problems as well. The joys of home ownership .
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