Local Business Owner Challenges Parking Tickets & Wins Thanks to New Keene Judge

New Keene District Court Judge Erin B McIntyre Smacks Down Prosecutor

New Keene District Court Judge Erin B McIntyre Smacks Down Prosecutor

Keene, NH business owner Christopher Waid received a parking ticket when he was downtown in late 2017 and immediately went to the parking department in the city building to demand his right to a trial. While inside the building, he received a second ticket on his car! He also immediately filed for his trial on that one. The double ticket trial was slated for early April and would involve two of the three Keene parking enforcers, meaning they couldn’t be on the streets victimizing other peaceful motorists if they are sitting in a courtroom! Even if Chris had lost the trials, just keeping the enforcers off the streets for a couple hours is a win on its own.

Chris entered the Keene District Court to face down the charges on April 9th and emerged victorious, with both tickets dismissed by new Keene judge Erin B McIntyre. (Longtime district court judge Edward J Burke is recently semi-retired and is only doing fill-in work.) Chris brilliantly challenged both parking tickets on technicalities. The first ticket was thrown out by McIntyre because the location of the alleged offense was not correct and the second ticket was tossed because parking enforcer Linda Desruisseaux lazily cited the wrong section of city code. Many judges would have simply allowed the prosecutor to amend the tickets upon request but McIntyre wasn’t letting the prosecutor have any slack! The exasperated Keene police prosecutor, Eleanor Moran, upon the second dismissal vowed she’d be filing a motion to reconsider, however she never did, according to court records. Here’s the full trial video:

There are a couple of important lessons here.

Parking Enforcer Linda Desruisseaux Fails in Court Again

Parking Enforcer Linda Desruisseaux Fails in Court Again

First, if you can afford the time, always take tickets to trial. It clogs the courts and forces them to actually have to work to get their conviction. Usually, they will win, but you are guaranteed to lose if you just pay the fines and don’t go to trial. Plus, bureaucrats are lazy and frequently cut corners and screw things up. You’ll never know if you don’t look at the supposed evidence against you. In Chris’ case, they botched up BOTH tickets and the judge agreed with him! If he’d just paid the fines like most people do, that would only encourage their behavior. Thankfully in New Hampshire, we don’t have court costs like many states, so there’s no financial penalty for taking a ticket to trial beyond the time it takes you to do it. The more people do this, the more charges will just be dropped before trial, since prosecutors only have so much time in the day and they’ll have to start prioritizing actual crimes with victims over fundraising like parking and speeding tickets.

Kudos to Chris and everyone else who challenges tickets for victimless crimes. The state gets away with continual victimization because people won’t stand up. Examples like Chris’ are encouraging to those of us who care about freedom as much as they must be discouraging to people like the parking enforcers, who also lost their years-long anti-free speech court battle against Keene’s “Robin Hooders”.

Manchester Police's Robert Harrington Threatens, Arrests Think Penguin's Chris Waid

Manchester Police’s Robert Harrington Threatens, Arrests Think Penguin’s Chris Waid

Chris is the owner of ThinkPenguin.com, a linux-and-privacy-focused computer hardware business and is also a part of the New Hampshire Freedom Migration. He’s a Keene homeowner and an activist who sets an example for others – despite having a lot to lose. He has put himself in harm’s way to defend the right to record police, for instance when he was arrested for crossing the street while doing just that at a DUI checkpoint in Manchester last year.

When I asked him for his thoughts on the trial, he told me, “No matter how hard the city tries they just can’t seem to catch a break with these parking meters- from the robin hooders of yesterday to anger over the new electronic meters- the people of Keene have repeatedly said no to the parking meters. It’s time that the city actually listened to the people of Keene and put an end to the parking meters in Keene”

Now you can subscribe to Free Keene via email!

Don't miss a single post!


18 Comments

  1. Nice!

  2. Very pathetic. A jury trial for a couple of parking tickets. The trials would cost more than the tickets and more than likely you would lose. You freekeeners always talk about government wasting money. robbin hooders haven’t done anything in a very long time. But the city has beat you. The city is getting parking kiosks and there is nothing you can do about that. So all that time, energy, and money didn’t do anything for you. People will always have to pay for parking and there is nothing you can do about that. What I find even more sad is you don’t own up to your faults. You park somewhere, get a ticket knowing you will more than likely get a ticket and then lie about it. Very sad. You have no honor or integrity.

  3. “A jury trial for a couple of parking tickets.”

    There was no jury. It was a judge.

    “The trials would cost more than the tickets ”

    Yes- and if the city stopped issuing parking tickets they wouldn’t need to prosecute anyone.

    “and more than likely you would lose.”

    No, because a jury doesn’t decide over matters of law. A judge would still have dismissed it on legal grounds.

    “You freekeeners always talk about government wasting money”

    No, I’m not sure we do. That is more of a right wing conservative thing. We ‘freekeeners’ talk about theft, coercion, and violence committed by government. At the end of the day that is what government is. We don’t care if government wastes money so long as it wasn’t stolen from anybody. The people that call themselves the government can pretty much do what they want so long as it doesn’t involved violence, theft, or corrosion against peaceful people who don’t consent to said acts of violence, theft, or corrosion.

    ” robbin hooders haven’t done anything in a very long time.”

    Well, technically this case was in part really about someone robin hooding. If you watched the video you would realize that he was following the parking meter lady around and putting in coins on the day of the incident. Which is robin hooding. So if you call a handful of months ago “a very long time” then you’d be right. If not then there has been some robin hooding going on if not as much as there once was. But activism changes and there is still a lot of it going on. There were a number of arrests this past year related to activism of which only one was even reported on by free Keene. The case was won, but hasn’t been reported on since. This is because there is an active lawsuit in the works against a certain city. There will be another case in regards to a violations of rights in the same city where someone was targeted for filming and filing a complaint against an officer. Actually both cases involved filming. Actually both cases were won already.

    “But the city has beat you.”

    What? Talk about a manipulation of the facts. Not in this case and not in the robin hooding case either. The robin hood case went all the way to the New Hampshire supreme court and at every step of the way the robin hooders won. The case went on longer than anybody cared to do this activism. If you haven’t noticed not all activism has the objectives you assume. The robin hooders got tons of publicity outside of New Hampshire and amongst those of us who have moved its stories like these that got our attention. Sure- it’s cringe worthy- but it works. And the robin hooders were in the right anyway. Your biggots just like to twist facts.

    “The city is getting parking kiosks and there is nothing you can do about that”

    Even some of the business owners who HATE the robin hooders are pissed as well as there customers downtown where the new electronic meters are in use and are being tested because they hurt business. People don’t know what there license plate numbers are and they have to walk to the meters and back again repeatedly and if you forget do this several times over. Not everybody is physically able to do that. Not everybody is 21 years old and in the prime of life. One of said business owners wrote a scaling letter that got published in the sentinel just a few weeks ago.

    ” So all that time, energy, and money didn’t do anything for you.”

    You really can’t see the value in a group conducting weird activism which is trying to draw attention to a cause and attract other like-minded people to New Hampshire? Freedom in our life time does not mean success in all political activities today. Success politically takes time and in spite of the haters we’ve been very successful at the state level and various other levels around New Hampshire. Keene is one of the most hostile places to liberty in the state even though it’s not quite as bad on some fronts as say a place like Manchester. The problems are different. In Keene the city keeps losing and the cops are literally running scared. While not Keene cops I’ve actually got video of police *RUNNING* from us and video of one cop in Keene crying and another cop basically running from us (I think he was up to no good, but we were unable to identify what he was up to that was causing him to be freaked out about us filming him). In Manchester the cops have balls and abuse the hell out of people including free staters. That is going to change soon enough, but nobody has really challenged the city up to this point. The people in Manchester have tended toward more political activities at other levels. They haven’t targeted bad police behavior in any meaningful way. Though they do protest the checkpoints regularly. Just- nobody has taken things up a level. Well, people have, but not people who live in Manchester. Given the abuse going on though it’s probably for the best. You don’t want to live in the city where cops are targeting you for harassment. It opens up too much opportunity for them to screw with you.

    “You park somewhere, get a ticket knowing you will more than likely get a ticket and then lie about it. ”

    Who lied about what? The only liar here was the parking ticket officer. No ‘free keener’ lied about anything. This ticket was fought on grounds that had nothing to do with whether or not someone parked or did not park illegally. The ticket(s) were fought on validity grounds. It’s up to the prosecutor to prove the crime and follow proper procedures and its up to the parking meter ladies to both document and remember each incident. They failed to do that and Linda (officer here in this trial) even perjured herself on video during the trial!

  4. Wow, you really have a lot of time on your hands. I suggest you re-read my first post before going off half cocked. ” jury trial for a couple of tickets” that is what the person requested of the judge. By the way, the PD aren’t targeting anyone that is a delusion freekeeners have created to justify their inappropriate behaviors

  5. So what are the specifics here, Jacks? During Mr. Waid’s trial, it was discovered that our dear friend Linda Desruisseaux (in her capacity as a parking enforcer) had entered incorrect information on two parking citations she had issued to him. For this reason, both tickets were ultimately dismissed by Judge McIntyre.

    And yet Jacks, despite these salient details, you STILL maintain that Mr. Waid should have immediately resigned himself to his fate, sought no justice, and just paid both tickets?

    You know Jacks, for a guy who says he admires honor and integrity so much, I fail to see what you’re finding so objectionable about all this. Do you think it might be because you don’t really put much stock in either of those things, pookums?

  6. ” jury trial for a couple of tickets” that is what the person requested of the judge.

    WTF are you smoking jacks. It was a bench trial. Not a jury trial. Who are you claiming requested a jury trial? Nobody requested a jury trial because it wasn’t a jury trial. If someone said jury trial I missed it and if the prosecutor or judge or someone said that they probably just misspoke. In NH you only have a right to a jury trial if it’s a class B misdemeanor or higher where you could be facing a year in jail.

  7. “PD aren’t targeting anyone that is a delusion freekeeners have created to justify their inappropriate behaviors”

    The police absolutely do target people. I’d probably say the police in Keene actively avoid free staters these days… but.. that hasn’t always been the case and isn’t the case elsewhere in New Hampshire. Have you never heard of profiling? Manchester cops are particularly irritable it seems and abusive of free staters. The entire system in Manchester is really corrupt and there were a few cops that even got fired here recently as a result of altercations with a person who is not a free staters but has and does work with free staters on issues both parties agree on- and all the incidents occurred around one free stater or another at the time (everything from the incident, to the complaint being filed, to the appointment with the lawyers, and soon probably a lawsuit). It was the result of an investigation that got started after a cop arrested an individual who filed a complaint against him. The cop wasn’t fired for the retaliation unfortunately- but for other corruption that occurred. If it wasn’t for the lawyers getting involved because of this arrest it’s unlikely these cops would have been fired.

  8. fff I never said this was a trial by jury. The defendant asked this judge to have a trial by jury. The PD watch the freestaters and freekeeners because they are always breaking the law. Instead of freekeeners denying they broke the law, they should own up to their mistakes. Stop with the conspiracy theories. You have brain washed yourselves into believing all police are out to get you and that is a big lie..

  9. Jacks honey, I suggest you go back and read your first post. Focus your efforts on the second sentence in particular – especially the first three words. Oops, right Jacks?

  10. “The defendant asked this judge to have a trial by jury”

    WTF did the defendant ask the judge to have a trial by jury? That never happened. I watched this video and I didn’t see that anywhere.

  11. “The defendant asked this judge to have a trial by jury. ”

    Where did he say that jacks? Nowhere did the defendant ask for a trial by jury. If he did where was it in the video? Because I darn well sure didn’t hear that. You are just making shit up again.

  12. It’s tragic how wretchedly Jacks clings to the notion that a lie becomes the truth once it’s told often enough, isn’t it fff?

  13. im at 18:07 imo Mr. Wade is hitting out of the park so far. Better than any hired counsel. imo. Back to the video…i think the prosecutor did pretty well but…idk.. How many people take a 5 dollar ticket so seriously?… i don’t know how much that overriding fact played into the outcome. If it did. He did fantastically. This is the best video FK has had in sometime ,unless ive missed some.. Very well done!

  14. i dont know why Ian dury attributes the win to a arch statist judge in the headline..obvio freeman is further aligned with statist powerbrokers…

  15. I saw this post by chance and greatful to see it. This is another great example of Government gone amuk! Parking Meter Ticket writers are the worst because this is another indirect tax of a fine. The Prosecutor was not good and was embarassed by how it turned out, another win for the little guy!

  16. It’s completely true that the cost of the trial far outweighs the tickets. The costs are paid with taxes and other government income, which you also contribute to. I completely get getting out of a ticket feels good, but fighting it is worse for everyone else.

Care to comment?