Yes, and the judge cannot impose any fine. Because there is no legal base for any fine. They cannot impose fine from the Health Law because (of legalities).
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Curfew Tightened Considerably
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Yes, and the judge cannot impose any fine. Because there is no legal base for any fine. They cannot impose fine from the Health Law because (of legalities).
Can they work around that by doing a special State of Emergency Request for the next 45 day SOE period and subsequent ones so it can include fines?
The people I spoke with here in Cabrera were ticketed Friday night (10pm) and paid Saturday....
word hasn't trickled down yet I guess
word hasn't trickled down yet I guess
No. there is no provision. There is no offence/contravention that's called "violation of curfew"
According to legal expert who wrote the Listin Diario article I posted, no they can not.
I guess the local fiscal hasn't gotten the word. It's illegal. I recommend that you speak with them and they amke the formal complaint to the Procuraduria General but good luck with that. They should not have paid the fine in teh first place. This has been the case since last Monday.
"You gotta fight for your right to party" - Beastie Boys
Make a formal complaint over a fine?
I have been a legal resident for almost 30 years, but I never forget i am a foreigner. My policy has been and will continue to be keep a low profile and don't bring myself to the attention of the authorities, especially not in a challenging way..
I challenged a fine (one and only ever) from AMET and I won. It was a 1200 pesos fine, and 8 page sentence in my favor.
I guess one's willingness to challenge (anything) depends on one's ability to know the local laws, have a gift of "thinking and analyzing like a lawyer" and an excellent fluency in Spanish both written and oral, and not just street Spanish but legal spanish.
I guess it depends upon each person's personality, spirit, and how comfortable one feels chellenging to stand one's rights.
And truth be said, many Dominicans actually respect and admire you for standing your ground because many of them can't or don't want. And they admire you for that.
I guess one's willingness to challenge (anything) depends on one's ability to know the local laws, have a gift of "thinking and analyzing like a lawyer" and an excellent fluency in Spanish both written and oral, and not just street Spanish but legal spanish.
I guess it depends upon each person's personality, spirit, and how comfortable one feels chellenging to stand one's rights.
And truth be said, many Dominicans actually respect and admire you for standing your ground because many of them can't or don't want. And they admire you for that.
That may be. But if someone in authority is embarrassed there's what I consider a better than 50-50 chance of being arrested one day for something more serious, like possession of drugs
So the restrictions have no teeth at all?. There can be no fine nor jail time for violations of the Toque de Queda?
Did I miss something?
If that is true, then how long before everyone just ignores it completely with no ramifications?
Be sure to let us know when the PN stops scooping people off the streets for curfew violations.
This is the 🇩🇴 .
Does every curfew violator goto jail❓
Be sure to let us know when everyone who violates a law goes to jail.
Does every curfew violator goto jail❓
Be sure to let us know when everyone who violates a law goes to jail.
good luck in telling that to the judge, please let me know how that works out for you
As I said, I strongly believe I would have no problem legally argumenting my way with a judge. Especially after reading the Lockward article referenced above and memorizing some nice points he made. But I have valid press credentials so I hardly see myself needing to make any legal argument to get out of TDQ violation.
So to continue, remember please that Angel Lockward is a well renown constitucional jurist and lawyer, a well renown one. It's now two very important legal authorities in the country, a judge who has just been appointed to the constitutional court, Alejandro Vargas, and a renown constitutional jurist Angel Lockward, who are basically saying the same thing - at the moment there is no constitutional way to impose penalty on violators of curfew.
But don't take my word for it, or the judge's, or the constitutional jurist's, maybe pay up a consultation at Guzmán Ariza to hear the same thing.
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