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BMW 3-Series (E90 E92) Forum > BMW E90/E92/E93 3-series General Forums > General E90 Sedan / E91 Wagon / E92 Coupe / E93 Cabrio > Need some Law Advice: Parking Ticket



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      09-21-2012, 04:28 PM   #23
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Quote:
Originally Posted by BluesDriver View Post
I see what you are saying but have you ever seen a cul de sac that has lane markings? In L.A. I have not. There are also many 2 way roads in residential areas that have no dividing lines. Does that mean people can drive on the left side of the road or park in the wrong direction?
I have not seen them with lane markings but I have seen them with a median in the middle atleast in the "Round" ones. For the record dead ends are also consider cul de sacs, regardless it's a moot point.

In the eyes of the law, if you set a rule, and it's not clearly defined then you have that grey area, this is normally where every other place changes their rules.

In my case I don't think that a 30.00 ticket will set the table to change where all dead ends etc have continuing double yellow lines but, I do believe that it gives enough wiggle room for me to get out of the ticket.

At this point I can prove that the pavement markings end which now ends lane control. I can also prove that nothing in the CT drivers manual states that a driver must drive or park on the right side of the road, however cyclist must.

The fighting factor is the lane control pavement markings. They do not continue to divide the road thus no correct parking direction can be determined on either side of the road.
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      09-21-2012, 08:24 PM   #24
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Originally Posted by Joe- View Post
At this point I can prove that the pavement markings end which now ends lane control. I can also prove that nothing in the CT drivers manual states that a driver must drive or park on the right side of the road, however cyclist must.

The fighting factor is the lane control pavement markings. They do not continue to divide the road thus no correct parking direction can be determined on either side of the road.
With this logic then what rules the road when there are no lane markings on a street with traffic traveling both ways? Why not drive on the opposite side of the road then? A dead end is still a road, with traffic flow and parking on the right unless it's a one way street.
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      09-21-2012, 08:44 PM   #25
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Doesn't matter anyway, I found a section in a different law area that states that car must be with right wheels to the curb. As I see it though I am still going to fight it regardless since I don't want to pay and I have nothing better to do @ 5 pm on a weds.
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      09-22-2012, 01:03 AM   #26
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OK time for the lawyer advice: I think you should always take a citation in front of a judge if you believe that there are circumstances regarding your citation. In your case, you will lose the "road ends after the yellow lines" argument. It's still a road after the yellow lines stop to where the road ends. If you parked on the wrong side, you parked on the wrong side. However, I think your best argument is that you committed what is called a "diminimus infraction." In other words, you did not violate the "spirit" of the law or what the law was meant to correct or protect. Ask yourself, what is the reason that you should park on one side and not the other. On a normal road it's because if you are parked on the wrong side it's dangerous to park and leave the parking spot because you would be going head on into traffic. In your case, at the end of the road it's not an issue, because there is no traffic moving through there. Also, you have been parking there, in front of your property, for two years and no problems. This law applied to where you were parking neither protects or corrects any problem................... Then again a judge may just choose to ignore all of this and find you guilty. You could always appeal it if you lose. Good luck.
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      09-22-2012, 02:56 AM   #27
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Quote:
Originally Posted by sgtfury40 View Post
OK time for the lawyer advice: I think you should always take a citation in front of a judge if you believe that there are circumstances regarding your citation. In your case, you will lose the "road ends after the yellow lines" argument. It's still a road after the yellow lines stop to where the road ends. If you parked on the wrong side, you parked on the wrong side. However, I think your best argument is that you committed what is called a "diminimus infraction." In other words, you did not violate the "spirit" of the law or what the law was meant to correct or protect. Ask yourself, what is the reason that you should park on one side and not the other. On a normal road it's because if you are parked on the wrong side it's dangerous to park and leave the parking spot because you would be going head on into traffic. In your case, at the end of the road it's not an issue, because there is no traffic moving through there. Also, you have been parking there, in front of your property, for two years and no problems. This law applied to where you were parking neither protects or corrects any problem................... Then again a judge may just choose to ignore all of this and find you guilty. You could always appeal it if you lose. Good luck.
I think I am just going to go with I wasn't aware I couldn't park that way since I've been doing it for over 2 years and never had an issue I'll claim I've since corrected the problem and wont do it again. Mean while I'll wait a month and then start parking backwards again and see if I get another ticket. If I do I know it's a smart ass neighbor.
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      09-22-2012, 07:52 AM   #28
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Wait a sec, this entire thread is over $30?

Here's what you do. Go and apply for a new credit card, I can think of 3 that give you $100, $150, and $250 when you spend $500 to $1000 in the first three months. Don't spend on stupid stuff, spend on your necessities that you would spend on anyway.

$100 > $30

$150 > $30

$250 > $30

Get the reward, pay the $30, and fuggedaboudit. You are $70 to $220 better off.

imho in life, if you get hung up on things as little as $30, i.e. you can't move on without 12 pages of threads analyzing the situation, your life quality will be sub-par.
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      09-22-2012, 08:03 AM   #29
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Quote:
Originally Posted by E92 M Sport View Post
With this logic then what rules the road when there are no lane markings on a street with traffic traveling both ways? Why not drive on the opposite side of the road then? A dead end is still a road, with traffic flow and parking on the right unless it's a one way street.
I live on a country road that has no lane markings whatsoever. No side stripes, no center stripes, and no SPEED LIMIT SIGNS!!!!!! So the law in my state is that a rural road such as the one described means it is a single-lane road with a maximum speed limit of 55MPH. This means that one needs to yield the right-of-way to oncoming traffic and drive on the right-hand side of the road. So you can drive down the center of the road when no traffic is present but must get over as far to the right as possible when oncoming traffic is approaching. And you can park on either side of the road as long as it is not blocking the flow of traffic. The state is banking on the fact that $30 is not worth your time and you'll just pay it.

IMO the OP got a bullshit revenue-generating ticket. Read the statues, know the law, and go to court to fight it.
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      09-22-2012, 08:25 AM   #30
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Quote:
Originally Posted by John 070 View Post
Wait a sec, this entire thread is over $30?

Here's what you do. Go and apply for a new credit card, I can think of 3 that give you $100, $150, and $250 when you spend $500 to $1000 in the first three months. Don't spend on stupid stuff, spend on your necessities that you would spend on anyway.

$100 > $30

$150 > $30

$250 > $30

Get the reward, pay the $30, and fuggedaboudit. You are $70 to $220 better off.

imho in life, if you get hung up on things as little as $30, i.e. you can't move on without 12 pages of threads analyzing the situation, your life quality will be sub-par.


I think spending anymore time than the time it takes to write a $30 check is a huge waste of your time and money. The argument that you have been parking like that for 2 years just means that you have been breaking the law for 2 years and just got caught. This isn't a 30+ PSL ticket with 6 points on your license, its not worth it IMO.
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      09-22-2012, 08:58 AM   #31
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Originally Posted by upstatedoc View Post


I think spending anymore time than the time it takes to write a $30 check is a huge waste of your time and money. The argument that you have been parking like that for 2 years just means that you have been breaking the law for 2 years and just got caught. This isn't a 30+ PSL ticket with 6 points on your license, its not worth it IMO.
The time to fight it is a moot point again, it does not interfere with work or any other project other than extending dinner out. So can we please stop harping over time = money.
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      09-22-2012, 09:02 AM   #32
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This section is what throws my whole case off

Quote:
Sec. 14-251. Parking vehicles. No vehicle shall be permitted to remain stationary within ten feet of any fire hydrant, or upon the traveled portion of any highway except upon the right-hand side of such highway in the direction in which such vehicle is headed; and, if such highway is curbed, such vehicle shall be so placed that its right-hand wheels, when stationary, shall, when safety will permit, be within a distance of twelve inches from the curb. No vehicle shall be permitted to remain parked within twenty-five feet of an intersection or a marked crosswalk thereat, or within twenty-five feet of a stop sign caused to be erected by the traffic authority in accordance with the provisions of section 14-301. No vehicle shall be permitted to remain stationary upon the traveled portion of any highway at any curve or turn or at the top of any grade where a clear view of such vehicle may not be had from a distance of at least one hundred and fifty feet in either direction. The Commissioner of Transportation may post signs upon any highway at any place where the keeping of a vehicle stationary is dangerous to traffic, and the keeping of any vehicle stationary contrary to the directions of such signs shall be a violation of this section. No vehicle shall be permitted to remain stationary upon the traveled portion of any highway within fifty feet of the point where another vehicle, which had previously stopped, continues to remain stationary on the opposite side of the traveled portion of the same highway. No vehicle shall be permitted to remain stationary within the limits of a public highway in such a manner as to constitute a traffic hazard or obstruct the free movement of traffic thereon, provided a vehicle which has become disabled to such an extent that it is impossible or impracticable to remove it may be permitted to so remain for a reasonable time for the purpose of making repairs thereto or of obtaining sufficient assistance to remove it. Nothing in this section shall be construed to apply to emergency vehicles and to maintenance vehicles displaying flashing lights or to prohibit a vehicle from stopping, or being held stationary by any officer, in an emergency to avoid accident or to give a right-of-way to any vehicle or pedestrian as provided in this chapter, or from stopping on any highway within the limits of an incorporated city, town or borough where the parking of vehicles is regulated by local ordinances. Violation of any provision of this section shall be an infraction.
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      09-22-2012, 09:06 AM   #33
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I'd just pay the ticket. Fwiw, I'm a lawyer familiar with my state's traffic laws. It's not worth missing work over.
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      09-22-2012, 09:07 AM   #34
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Quote:
Originally Posted by Efthreeoh View Post
I live on a country road that has no lane markings whatsoever. No side stripes, no center stripes, and no SPEED LIMIT SIGNS!!!!!! So the law in my state is that a rural road such as the one described means it is a single-lane road with a maximum speed limit of 55MPH. This means that one needs to yield the right-of-way to oncoming traffic and drive on the right-hand side of the road. So you can drive down the center of the road when no traffic is present but must get over as far to the right as possible when oncoming traffic is approaching. And you can park on either side of the road as long as it is not blocking the flow of traffic. The state is banking on the fact that $30 is not worth your time and you'll just pay it.

IMO the OP got a bullshit revenue-generating ticket. Read the statues, know the law, and go to court to fight it.
Do you have the link to the rule in your state, wonder if I can find something similar.
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      09-22-2012, 09:11 AM   #35
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Quote:
Originally Posted by RonPaul4Prez View Post
I'd just pay the ticket. Fwiw, I'm a lawyer familiar with my state's traffic laws. It's not worth missing work over.
Does not interfere with work..... again COURT IS AT 5PM, it won't affect work at all. Will only affect my dinner time.
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      09-22-2012, 10:36 AM   #36
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one of your neighbours finally got sick of you parking the wrong way and told some parking enforcement officer...
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      09-22-2012, 11:03 AM   #37
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one of your neighbours finally got sick of you parking the wrong way and told some parking enforcement officer...

Yes most likely, also a moot point.
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      09-22-2012, 02:46 PM   #38
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time is money. paying ticket is cheaper
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      09-23-2012, 12:31 AM   #39
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$30? Just pay the damn thing, or don't , usually nothing will happen. Showing up to court will take at least an hour of your time, and isn't your time worth more than $30?
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      09-23-2012, 05:27 AM   #40
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$30? Just pay the damn thing, or don't , usually nothing will happen. Showing up to court will take at least an hour of your time, and isn't your time worth more than $30?
If you're a typical 3 driver, 1/2 of time is on avg. $70. But there are some super wealthy on this forum to whom life is but a dream/game....
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      09-23-2012, 07:00 AM   #41
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Don't know about CT, but be aware that there may be court costs associated with the ticket if you appear in court to contest it and are found guilty, particularly if you appeal to a higher court. In some states, a 30 ticket can cost $330 in the higher court. You are probably guilty based on the code, but its really a flip of the coin on the judge. The officer will be there, if not, the court will likely just continue the case. The case is probably set for a day that the officer has 50 tickets issued, they aren't spending any significant time or money to send him for your case. I wouldn't base your decision on hoping he is a no show.
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      09-23-2012, 08:07 AM   #42
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Quote:
Originally Posted by Joe- View Post
This section is what throws my whole case off
So are you still going to court to fight the infraction? If you do, wear a suit, and get a lawyer too and also use of lot of fancy latin words...that will likely impress the Judge and you stand a good chance of having the ticked quashed...let us know how it works out for you. Enquiring minds want to know.
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      09-23-2012, 11:08 AM   #43
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Originally Posted by DnA Diesel View Post
So are you still going to court to fight the infraction? If you do, wear a suit, and get a lawyer too and also use of lot of fancy latin words...that will likely impress the Judge and you stand a good chance of having the ticked quashed...let us know how it works out for you. Enquiring minds want to know.
Yes I am still going to fight it and yes my time is worth a lot more than 30 bucks but court is at 5pm and I am already done with work before than so I choose to fight it.
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      09-23-2012, 11:45 AM   #44
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Take it to the SUPREME COURT for violating your civil rights. Just pay it or ask for contributions.
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