cvc 22502a?
nelson
I got a cvc 22502a violation in the Stanford area. I admit the front
of my car was about two feet from the curb. However, there are
clearly designated white parking spots and I was within the lines (I
have a small car).
I know cvc 22502a says:
"...every vehicle stopped or parked upon a roadway where there are
adjacent
curbs shall be stopped or parked with the right-hand wheels of such
vehicle
parallel with and within 18 inches of the right-hand curb..."
However, there are curbs for parking spots where you put the front of
the car against the curb and the wheels aren't against the curb (i.e.
the front is).
I'm thinking this was a designated parking space and I was totally
within the lines so I shouldn't get a ticket. Anyone know if this is
a valid defense?
Also, what's involved with fighting this? It's only $25 but do I get
called into court to fight it?
I can understand if there were no lines and I was street parking but
there was clear lines on the street and I held a valid permit for that
spot.
D. Stussy
Random thought: Was the curb exceptionally high (or your car low) whereby
opening the passenger side door(s) would not clear the curb? If so, you could
argue that the space was needed for passenger access.
The Real Bev
>
> On Wed, 29 May 2002, nelson wrote:
> >I got a cvc 22502a violation in the Stanford area. I admit the front
> >of my car was about two feet from the curb. However, there are
> >clearly designated white parking spots and I was within the lines (I
> >have a small car).
> >
> >I know cvc 22502a says:
> >
> >"...every vehicle stopped or parked upon a roadway where there are
> >adjacent
> >curbs shall be stopped or parked with the right-hand wheels of such
> >vehicle
> >parallel with and within 18 inches of the right-hand curb..."
...a rule I have YET to see a local cop obey. The HP guys do, but not the
locals.
> >However, there are curbs for parking spots where you put the front of
> >the car against the curb and the wheels aren't against the curb (i.e.
> >the front is).
> >
> >I'm thinking this was a designated parking space and I was totally
> >within the lines so I shouldn't get a ticket. Anyone know if this is
> >a valid defense?
> >
> >Also, what's involved with fighting this? It's only $25 but do I get
> >called into court to fight it?
> >
> >I can understand if there were no lines and I was street parking but
> >there was clear lines on the street and I held a valid permit for that
> >spot.
>
> Random thought: Was the curb exceptionally high (or your car low) whereby
> opening the passenger side door(s) would not clear the curb? If so, you could
> argue that the space was needed for passenger access.
And the rebuttal is that he should have let his passenger out and then
re-parked legally.
Take a picture of your car parked where it was. Ask for a judge, not a
magistrate. Good luck.
--
Cheers,
Bev
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
"Once you've provoked a few people into publicly swearing they are going to
hunt you down and kill you, the thrill wears off." --Elric of Imrryr
Christopher Green
> "D. Stussy" wrote:
> >
> > On Wed, 29 May 2002, nelson wrote:
> > >I can understand if there were no lines and I was street parking but
> > >there was clear lines on the street and I held a valid permit for that
> > >spot.
> >
> > Random thought: Was the curb exceptionally high (or your car low) whereby
> > opening the passenger side door(s) would not clear the curb? If so, you could
> > argue that the space was needed for passenger access.
>
> And the rebuttal is that he should have let his passenger out and then
> re-parked legally.
>
> Take a picture of your car parked where it was. Ask for a judge, not a
> magistrate. Good luck.
California parking tickets are a civil, not a criminal, matter. If you
want a hearing, you don't get a judge, you get an examiner, who is a
kind of arbiter.
The ticket should tell you who to contact to have it reviewed. If you
don't like the results of the initial review, you can request an
administrative hearing. The results of the administrative hearing are
binding.
The deadlines, procedures, and standards are in Vehicle Code 40215 and
should be explained in sufficient detail on the ticket for you to make
a timely request for initial review.
--
Not a lawyer,
Chris Green
The Real Bev
>
> The Real Bev <bas...@myrealbox.com> wrote in message news:<3CF6A05F...@myrealbox.com>...
> > "D. Stussy" wrote:
> > >
> > > On Wed, 29 May 2002, nelson wrote:
> [snip]
> > > >I can understand if there were no lines and I was street parking but
> > > >there was clear lines on the street and I held a valid permit for that
> > > >spot.
> > >
> > > Random thought: Was the curb exceptionally high (or your car low) whereby
> > > opening the passenger side door(s) would not clear the curb? If so, you could
> > > argue that the space was needed for passenger access.
> >
> > And the rebuttal is that he should have let his passenger out and then
> > re-parked legally.
> >
> > Take a picture of your car parked where it was. Ask for a judge, not a
> > magistrate. Good luck.
>
> California parking tickets are a civil, not a criminal, matter. If you
> want a hearing, you don't get a judge, you get an examiner, who is a
> kind of arbiter.
Traffic offenses aren't normally criminal matters. You're saying that you
can NEVER go before a judge with a parking ticket? This situation seems to
be a conflict, and non-judges can't (or won't) deal with conflicts, they
just make the easy choice -- or no choice at all.
> The ticket should tell you who to contact to have it reviewed. If you
> don't like the results of the initial review, you can request an
> administrative hearing. The results of the administrative hearing are
> binding.
>
> The deadlines, procedures, and standards are in Vehicle Code 40215 and
> should be explained in sufficient detail on the ticket for you to make
> a timely request for initial review.
--
Cheers,
Bev
===================================================
Salesmen welcome -- dog food is expensive
Joel Garry
>Christopher Green wrote:
>>
>> The Real Bev <bas...@myrealbox.com> wrote in message news:<3CF6A05F...@myrealbox.com>...
>> > "D. Stussy" wrote:
>> > >
>> > > On Wed, 29 May 2002, nelson wrote:
>> [snip]
>> > > >I can understand if there were no lines and I was street parking but
>> > > >there was clear lines on the street and I held a valid permit for that
>> > > >spot.
>> > >
>> > > Random thought: Was the curb exceptionally high (or your car low) whereby
>> > > opening the passenger side door(s) would not clear the curb? If so, you could
>> > > argue that the space was needed for passenger access.
>> >
>> > And the rebuttal is that he should have let his passenger out and then
>> > re-parked legally.
>> >
>> > Take a picture of your car parked where it was. Ask for a judge, not a
>> > magistrate. Good luck.
>>
>> California parking tickets are a civil, not a criminal, matter. If you
>> want a hearing, you don't get a judge, you get an examiner, who is a
>> kind of arbiter.
>
>Traffic offenses aren't normally criminal matters. You're saying that you
>can NEVER go before a judge with a parking ticket? This situation seems to
>be a conflict, and non-judges can't (or won't) deal with conflicts, they
>just make the easy choice -- or no choice at all.
Actually, San Diego just admitted they weren't telling the DMV when they
were getting payments for parking tickets, making people pay a second time
to clear it up for registration purposes. That certainly got before a
judge.
jg
--
These opinions are my own.
http://www.garry.to Oracle and unix guy.
mailto:joel-...@nospam.cox.net Remove nospam to reply.
Christopher Green
> Christopher Green wrote:
> >
> > The Real Bev <bas...@myrealbox.com> wrote in message news:<3CF6A05F...@myrealbox.com>...
> > > "D. Stussy" wrote:
> > > >
> > > > On Wed, 29 May 2002, nelson wrote:
> [snip]
> > > > >I can understand if there were no lines and I was street parking but
> > > > >there was clear lines on the street and I held a valid permit for that
> > > > >spot.
> > > >
> > > > Random thought: Was the curb exceptionally high (or your car low) whereby
> > > > opening the passenger side door(s) would not clear the curb? If so, you could
> > > > argue that the space was needed for passenger access.
> > >
> > > And the rebuttal is that he should have let his passenger out and then
> > > re-parked legally.
> > >
> > > Take a picture of your car parked where it was. Ask for a judge, not a
> > > magistrate. Good luck.
> >
> > California parking tickets are a civil, not a criminal, matter. If you
> > want a hearing, you don't get a judge, you get an examiner, who is a
> > kind of arbiter.
>
> Traffic offenses aren't normally criminal matters. You're saying that you
> can NEVER go before a judge with a parking ticket? This situation seems to
> be a conflict, and non-judges can't (or won't) deal with conflicts, they
> just make the easy choice -- or no choice at all.
No, moving violations are always criminal in California. They are a
special class of crime called "infractions", except for the serious
ones such as DUI or reckless driving. You don't have the right to a
jury trial, and you usually get a commissioner, who is a sort of
junior judge, not one of the scarce elected judges. But you have most
of the usual rights of a criminal defendant, including appeal.
There is no provision for appeal of a parking violation beyond the
administrative hearing.
--
Chris Green
The Real Bev
You used to be able to ask for a trial with a real judge for moving
violations. Real judge, no jury required. Not true any more? I would
NEVER want to require a commissioner/magistrate/whatever to do anything that
involved actual thinking.
>
> There is no provision for appeal of a parking violation beyond the
> administrative hearing.
Then you're hosed. A friend was 'convicted' even though he introduced
photos showing that the only parking restriction sign was hundreds of feet
away, obscured by trees, and ahead of his parking location.
--
Cheers, Bev
==============================================================
"Arguing on the internet is like running a race in the Special
Olympics: even if you win, you're still retarded."
Christopher Green
> You used to be able to ask for a trial with a real judge for moving
> violations. Real judge, no jury required. Not true any more? I would
> NEVER want to require a commissioner/magistrate/whatever to do anything that
> involved actual thinking.
For example, there are 109 judges and 34 commissioners for Orange
County, so your odds of getting a full judge are not bad here. A
commissioner is appointed rather than elected, and that is the real
difference between the two. (A popular and successful commissioner
will often run for an open judgeship later on.)
> > There is no provision for appeal of a parking violation beyond the
> > administrative hearing.
>
> Then you're hosed. A friend was 'convicted' even though he introduced
> photos showing that the only parking restriction sign was hundreds of feet
> away, obscured by trees, and ahead of his parking location.
Bummer. Occasionally someone gets something out of a complaint that
the parking meters are all set fast, or the meter maid's vehicle isn't
properly marked, or something like that. But these are done by
pursuing a separate complaint against the agency that issued the
ticket, in all the cases I can think of, and that is a much rockier
row to hoe.
--
Chris Green
pakers
that the CHP has never lost a case before him. I believe you can
get a traffic infraction bumped up to a misdemeanor.
Pat