A SINGLE mom has filed a lawsuit against her town for burying her in fees after parking on her own property.
The driver has been slammed with a wave of parking tickets totaling $165,000.
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The driver, Sandy Martinez, is fighting back against the $165,000 in fines she was charged for parking on her own property.
The Florida woman called the fees “unconstitutional” and “outrageous,” as per Yahoo! News.
“Six-figure fines for parking on your own property are outrageous,” her attorney Mike Greenberg said in a news release.
Greenberg is part of a nonprofit public interest law firm, the Institute for Justice, that represents Martinez in her case, which will be heard before the Florida Supreme Court.
Her attorney notes that Martinez’s case would be considered an example of “taxation by citation.”
“Taxation by citation” refers to a practice where local governments use fines and fees, often from traffic or code enforcement, to generate revenue, rather than solely for public health and safety purposes.
Critics argue this practice can create conflicts of interest, disproportionately affect low-income individuals, and distort law enforcement priorities.
The costs of fines and fees can be particularly burdensome for low-income individuals, who may struggle to pay, leading to cycles of debt and incarceration.
Beginning in May 2019, Martinez was issued violations because vehicles on her property were parking with two tires on the lawn.
Martinez argued that sometimes the parking can get difficult with a family of four operating four separate vehicles.
Still, she was issued a $250 penalty per day.
Although Martinez tried to sort out the issue with a code enforcement officer after a first citation, she later realized those attempts were useless.
She kept getting fined, reaching $100,000 in parking violations.
Martinez said she was also fined for cracks in her driveway, which cost her $75 in daily fees for 200 days — totaling $16,125.
How to fight a parking ticket
You can avoid being ticketed by following all posted laws and ordinances, but sometimes mistakes are made
Like any form of citation, parking tickets are preventable by reading and obeying posted signage. However, when visiting a new city, or state, or in a hurry, things can be missed and mistakes are made.
Suddenly there’s a ticket you weren’t prepared to pay for. If the ticket is a surprise to you, there are a few things you can do to help your case when appealing a parking ticket.
- Carefully read the ticket. Look for errors like incorrect street names, license plate numbers, vehicle make and model, time and date, etc. Errors would then make the ticket invalid.
- Take photos. Of the vehicle in the parking space, lack of signage, or other vehicles that weren’t cited for performing the same parking job. If the ticket involves parking too close to something like a fire hydrant, a photo showing a reasonable distance would help your case. Make sure metadata with the time and date are accessible. Signs that are obstructed by trees, or are on bent posts, or aren’t “obvious” are great things to photograph, too.
- Make sure the statute that was violated is listed on the ticket. If not listed, the ticket is not valid.
- Promptly follow the appeal instructions on the ticket. All legitimate tickets will have directions for appeal. Waiting until the very last moment weakens your argument and can result in late fees.
- When in court, avoid these phrases as they reduce your credibility and weaken your argument:
- “I didn’t know the law.”
- “I was on my way to move my car.”
- “I can’t afford this ticket.”
- “I’ve been doing this for years.”
- “I checked with the parking officer, who said it was OK.”
- Contact a lawyer. If you’re running into roadblocks and feel stuck, it may be best to reach out to a traffic lawyer in your area. Many have free case consultations.
Source: Reader’s Digest
Another issue was a fence that was knocked down by a major storm, for which Martinez was cited $47,375 before her insurance company could cover repairs.
In 2021, the driver filed a lawsuit against the city over the unfair fines, but lower courts sided with the city.
“It’s surreal that the town still refuses to admit that what it’s doing to me is abusive and unfair,” Martinez said.
While some municipal leaders deny the existence of “taxation by citation,” research findings have been mixed, with some studies suggesting a link between fines and fees revenue generation and economic trends.
Martinez appealed to the Florida Supreme Court which will decide whether the fines were justified or not.
Lawyers recommend that homeowners and drivers get familiar with their local ordinances or municipal codes so that they’re not caught off guard by fines or fees.
