We live in El Paso Texas my son received a ticket for curfew violation in front of home.How can fight it?
First off we have a awful neibhor who calls the city, cops, ect. any chance he gets. We bought our home and the yard and ect. has look this good for years which we’ve heard from all the other neighbors. We have kids and the neighbor doesn’t seem to like kids. And has comment about how strick he was with his. Anyway, someone called to complain about the boys skate boarding but they were only in front of the house maybe ten minutes and were not being loud according to my 18 year old daughter. [I was at work and husband went out with a friend for a couple of hours.] The other mother and want to fight to ticket without the expense of a lawyer. I don’t think it is right to be fined for curfew when there in front of our own home.
Asked by:Dawn E
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cliffburtongodofthebass posted: 28 Jan at 4:47 am
Did the cops drive up as they were outside? I dont think curfew applies to private property, then again, I am against curfew all together.
Don K posted: 28 Jan at 5:09 am
That is just so stupid. They were in front of your house. They can’t get fined! Who ever said that is full of Bull ****!!!!!!!!!!!
James posted: 28 Jan at 3:40 pm
The key words are “in front of” because those words mean your son was outside when he was supposed to be inside.
If you want to fight the rule, you’d be better served to go to the town council or whomever is imposing the rule and make your argument there. It’s a legislative issue, not a legal one.
normobrian posted: 30 Jan at 6:16 am
Unless the law states that the street in front of your (or anyone’s) house is exempt from the curfew, you don’t have a leg to stand on. The point of a curfew is to get kids off the street – any street.
Why not use this as a learning opportunity for your son? Teach him that laws are laws and should be obeyed. Picking and choosing which laws and to what degree he will obey them has consequences. Driving 80 in a 40 is just as illegal as driving 50 in a 40. Get it?
joeseph B posted: 01 Feb at 7:03 am
Tell them you live in the land of the free and stick their curfew up their cavity. Then take it to the supreme court inciting government fascism and control. No-one has a right to tell you what to do. Welcome to the land of the free, where you can be arrested and imprisoned for vagrancy if there’s no money in your pocket. Where you can be arrested for loitering in a public park, and where you can be arrested for being homeless. See, according to the government, all property is ’state land’ and the rest is ‘private property’, all of which can get you arrested. Can you say fascism?
Joe Good Guy posted: 03 Feb at 9:20 am
Personally I would just go to court with your son & explain the circumstances to the judge. Even if he was in violation of the curfew being in your yard (which I doubt). The worst the judge is likely to do is explain what is/isn’t permitted & defer judgement pending any additional violations.
Good Luck!
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tdm511 posted: 08 Feb at 7:42 am
Hi I’m from El Paso also. You should have been able to get a court date from the ticket. And your defense should be in the relm of that from the El Paso City Municpal Code, Title 10
Chapter 10.20 OFFENSES BY OR AGAINST MINORS
10.20.030 Curfew–Affirmative defenses.
A. It is a defense to prosecution under Section 10.20.020 that the minor was:
6. On the driveway or yard of the minor’s residence or on the sidewalk abutting the minor’s residence
I believe that should be enough to show a judge. I hope I helped you out
I think the only issue is if the neighbor next to you was the one who complained that is a problem. look at my source listed so that you can see the curfew ordinance.