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BMW 3-Series (E90 E92) Forum
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Need some Law Advice: Parking Ticket
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09-21-2012, 04:28 PM | #23 | |
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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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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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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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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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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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09-22-2012, 09:02 AM | #32 | |
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This section is what throws my whole case off
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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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09-22-2012, 09:11 AM | #35 |
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09-22-2012, 11:03 AM | #37 |
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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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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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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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