Take the pictures yourself; I got a friend to take pictures of a neighbor’s decrepit house, and the judge wouldn’t consider them.
Dan
It’s free, might as well try. Take pictures of the burst water water pipe (or the freshly fixed pipe). Bring the pictures and the bill/work order from the plumber and I’ll bet that’s all you need.
Yes, the judge will have mercy on you given the situation.
For all of you wondering about hearsay, there’s a good chance this type of infraction is resolved in a court of limited jurisdiction (like a small claims court, but for minor infractions). There’s a decent chance the rules of evidence are relaxed.
In my experience, once it gets to a court situation for small potatoes stuff like ticket fines, it’s an assembly line. It’s not like 'Law and Order" where you get to mount a passionate defense. It’s more like, the judge will give you a minute or two to state your case, probably not listen, then say “fine is $(X)…NEXT!”
For the OP’s sake though, hope I’m wrong and Procrustus is right…
It’s a municipal court. From what I can gather the penalty is a $500 fine.
I had someone sue me in small claims court. The guy was an idiot. I wasn’t much better, because I looked at the papers and read $200, when he was suing for $2,000. I represented myself, but a lawyer friend coached me beforehand.
When the guy tried testifying about what his friend said, I objected, saying it was hearsay. The judge agreed and tried to explain to the guy what he did that was wrong.
The guy then said pretty much the same thing and I jumped up with my objection.
The third time I objected, the guy threw his notes down and called me a fucker.
Spoiler: I won.
Contact your water company and tell them about the leak. They may be able to give a partial rebate for the excessive water you were billed for from the leak and get the fine removed. They will likely require you to submit proof that the leak was repaired (like the plumbing receipt).
I’ve managed to avoid small claims court, but I believe that’s a step above court to protest ticket fines in terms of having time and opportunity to defend yourself. Like I said, in my experience court for ticket fines is an assembly line; the judge just wants to move things along and has no particular concern as to whether the actual ticket is justified or not.
But again, the OP’s M may V, and I hope so.
Many years ago, I got pulled over for a headlight being out. I went to court with the paperwork from the car repair shop stating that it had been repaired, and the case got tossed. I would assume that a similar thing would happen here, but as my lawyer always tells me, there’s nothing sure once things go to court.
Could be worthwhile, as they charge for sewage on the water you use as well, and that’s often a higher rate than delivery.
Another thing you might want to consider is ask for a jury trial. I had a similar BS ticket and between talking to the city attorney (showing that their star witness was lying and that the officer didn’t do an investigation) and asking for them to empanel a jury they dismissed it. I don’t know if “the city” felt getting a jury together was too much work (during covid) and suggested that the city attorney drop it OR if he felt that a jury of my peers would laugh the city’s case out of court but I got a notification the next week that the city was dismissing the case.
In my state (Maryland) that’s the standard procedure. If you have one headlight out, the officer who pulls you over will give a notice to get it corrected. You can submit a repair receipt, or just take your car to a police station and get it signed off.
As a general matter, most judges are human, and will at least give you a sympathetic hearing. I have argued down or gotten tossed several traffic tickets. And if you go to court and lose, you won’t be worse off than you’d been if you didn’t try.
Depending on the jurisdiction, that might not be an option. I’ll say probably won’t be an option, but it might be somewhere. If the maximum fine is $500, I doubt you have a right to a jury trial.
That’s certainly true.
The “most” part made me laugh.
I’m not questioning your opinion, but just for my own information, hypothetically if such a note is signed and verifiable as to its origin and the expertise of the writer, wouldn’t that qualify as expert opinion rather than hearsay?
I can see that for a criminal matter, the expert testimony would have to be in person and subject to cross-examination, but surely that would be a very unreasonable and wasteful requirement in a minor civil matter?
Sounds like the judge was an ass.
I got a similar ticket once for making a right turn during similar hours (I think 4-6 PM, Mon to Fri). It was obvious why the prohibition was there. It was a turn into a quiet residential neighbourhood that was bordered by a couple of busy main thoroughfares. I have no doubt that residents had complained about motorists cutting through the neighbourhood as a shortcut and to bypass traffic. But I had a damn good reason for doing it: I freaking LIVED there, I wasn’t taking a shortcut, I was going to my house!
The cop wasn’t interested, but I was so incensed that I decided to fight it. One of the cool things you can do here is have a pre-trial meeting with the prosecutor, give your excuses, and hopefully come to some arrangement without going to trial. Kind of like a traffic-court version of a plea deal.
The prosecutor was sympathetic, said they did not have the power to throw out the charge altogether without going to trial, but could reduce it to “failing to proceed at a green light” which was a very small fine and no demerit points. Good enough for me.
In my county, the procedure is for the cop/city attorney to get you to plead to “unsafe vehicle” for two points and fine and the Judge rubber-stamps it even if they know it is BS. I fought mine and after a defense that made the officer look like an idiot and the Judge telling me what he thought the cop saw (the cop couldn’t describe what happened at the intersection) the Judge ruled against me saying He gave you a ticket therefore you’re guilty.
Other jurisdictions I’ve been in if all you do is dress professionally (I wore a tie, shirt and slacks every time) the Judge will bend over backwards to work with you, lower fines and points, etc.
If I’m on the other side, how can I question the “witness” or verify their qualifications? I don’t know that it exactly qualifies under the Confrontation Clause but it seems unfair that you can present expert evidence that I have no way of countering.
It’s hearsay opinion of an expert. But still hearsay. But as I mentioned, in courts like this the evidence rules are relaxed generally.
That’s my assumption as well. I just can’t imagine a judge, hearing these types of cases, scrutinizing pictures for authenticity or requiring a signed affidavit from an expert witness (plumber).
I would assume OP won’t spend more than about 2 minutes in front of the judge.
it takes 30 seconds of the court’s time. “Your honor, I was not watering, I had a broken pipe. I appreciate finding out about it, and I immediately had it fixed. Here’s a photo and a statement from my plumber.”
9 out of 10 times, case dismissed.
I would say most city attorneys I worked with are also quite rational. It may be worth it to make an appointment with them to show them the proof before it even gets to court. Unless their horrible douchebags or there is a problem with the evidence/charge, they may take a look at it and dismiss the case before it even gets to trial. Good Luck!
Right show, wrong character. It was “Epstein’s Mother”.