Can my request for a hearing over a parking ticket be denied?

Question

I received a parking ticket in California, and was informed that if I wanted to fight it, I could request a review of the ticket within 21 days. After that, if the review favored against me, I could request a hearing by a neutral party to decide if I should pay the ticket. Unfortunately, 21 days was not enough time for me to compile my evidence, and even though I sent my case and request before the 21 days were over, they were received two days late, and they denied my request. After I received notice that my review request was denied, I called and tried to schedule a hearing, but they said because the review had never taken place, I could not schedule a hearing.

Now my question. Can they really deny a hearing for a parking ticket? I was under the impression that the Bill of Rights in the Constitution grants the right to a trial for all persons for all legal matters. I would assume a parking ticket would be no different than any other accusation.

If it really is illegal for them to deny my request for a hearing, how can I go about fighting this?

Answer 1

Yes, your hearing can be denied. Even though you are afforded certain protections under the U.S. Constitution, these rights are not automatic. More than likely the court will continue to use the fact that you allegedly did not file for a request, motion, or whatever in a timely manner. This is how your rights are systematically denied.

Answer 2

There is no such thing as a right to a hearing.  The constitution only requires a right to procedural due process - an aim not always requirinh a full evidentiary hearing.  If you didn't stay within their guidelines, or didn'ty apply for an extenstion, then you've violated otherwise acceptable procedure.  If your evidence did not raise an issue of fact or law needing a hearing, then you have no right to request one.

Answer 3

"40215…  (b) If the person is dissatisfied with the results of the initial review, the person may request an administrative hearing of the violation no later than 21 calendar days following the mailing of the results of the issuing agency's initial review…"

"40230.  (a) Within 30 calendar days after the mailing or personal delivery of the final decision described in subdivision (b) of Section 40215, the contestant may seek review by filing an appeal to be heard by the superior court…"

If we refuse to pay a traffic ticket then it is automatically assumed that we're contesting it.  But if we refuse to pay a parking ticket then it is automatically assumed that we're waiving any challenge, hence a waiver of our constitutional rights to procedural due process.  I never could understand such reasoning.  If anything, the failure on the part of the government to initiate proceedings should constitute a waiver to collect.  But apparently they're reading a different constitution than I am.

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