Charleston attorney appealed $25 parking ticket, loses - WOWK 13 Charleston, Huntington WV News, Weather, Sports

Charleston attorney appealed $25 parking ticket to state Supreme Court, loses

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A Charleston attorney who argued he was improperly ticketed for leaving his vehicle in a no-parking zone while he delivered a prescription to a colleague has lost his appeal.

Timothy N. Barber said he left his vehicle, with its engine running and with blinkers activated, on Laidley Street just long enough to deliver the prescription. Because the vehicle was idling, Barber contended it was not parked and that he was "unloading," which is permitted in that zone, because he left the car only to deliver the medicine.

He appealed the city's $25 fine to Kanawha County Circuit Court. The circuit court, however, ruled in the city's favor, saying Barber did not have the required permit for loading and unloading and that the car was, in fact, parked because it was not in motion.

Barber appealed to the state supreme court, saying there was no proof he'd intended to violate the parking regulations.

In a memorandum decision, however, the court said Barber hadn't denied knowing his car was in a no-parking zone or that he'd intended to leave it standing in a restricted area.

The justices said it was the circuit court's job to weigh the evidence and render a verdict, not theirs, "therefore after careful consideration, this Court concludes that the circuit court did not abuse its discretion in finding petitioner guilty of parking in a no parking zone in violation of the City's municipal code and fining him $25."