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ON ISSUE WHETHER THERE ARE REGS AS TO PARKING VIOLATIONS
Judge wants DPW secretary, DPS and DFEMS commissioners to testify
The Superior Court yesterday instructed the Office of the Attorney General to subpoena the secretary of the Department of Public Works and the commissioners of the Department of Public Safety and the Department of Fire and Emergency Medical Services, or their designees, to appear in court and testify as to the issue of legal authority and regulations to issue citations for parking violations.
Associate Judge Joseph N. Camacho ordered OAG to summon the DPW secretary and the DPS and DFEMS commissioners to appear and provide testimony on May 30 at 10:30am at the U.S. District Court for the NMI Courthouse.
Camacho issued such order after the matter of parking violation regulations was raised by atty. Steven P. Pixley, who is counsel for Ronald E. Biggers, in a traffic case.
Biggers, who is co-owner of Godfathers Bar, is charged by citation alleging a parking violation in Garapan.
At a bench trial yesterday, assistant attorney general Frances Demapan, counsel for the government, called one witness, DPS police officer Bradford Peter.
During Pixley’s cross-examination of Peter, some issues came up regarding the traffic code and regulations.
Peter testified that DPS and Fire personnel are able to write/give citations to those who violate the traffic code.
Peter also testified that he did not have any knowledge if regulations have been promulgated.
After Pixley was done with his cross-examination of the officer, Demapan rested the government’s case.
Pixley then made an oral motion for judgment of acquittal.
Camacho found that the issues raised whether there are regulations as to parking violations have far-reaching ramifications beyond Biggers’ case.
Therefore, Camacho set an evidentiary hearing to hear testimony in order to address the issues related Biggers’ motion for judgment of acquittal.
Camacho said the parties may also subpoena additional witnesses if they so desire.
The judge instructed Pixley to put in writing defendant’s motion for judgment of acquittal.
