Is This Ticket Legal? (design, car, office)

[2Easy]

Originally Posted by vincenze

Police officers have electronic devices where they enter license plate numbers.

I noticed that they try not to approach drivers of illegally parked cars when drivers are inside, probably for safety reasons.

I see them approach illegally parked cars with a driver fairly often. It was described in the OP. They usually sound their buzzer/horn and tell the person to move over a loudspeaker.

[joosoon]

Originally Posted by 2Easy

The relevant vehicle code is irrelevant to my point because it doesn't describe what proof is needed to prove a violation. It defines what a violation is, and we already know that he committed a violation, but my question is whether there is sufficient proof.

The proof is that LE witnessed the person "standing" in a red zone. It's the same violation as parking in that spot and leaving the vehicle unattended. If you read the vehicle code, you'll see there's no differentiation between the two.

For example what prevents police from writing tickets to all of us that are driving around if they think that they saw us parked illegally? How would they know that we weren't pulled over for a medical emergency? Not saying that happened here and they do in fact know why he was pulled over, but I don't know if that's how it usually works as far as proof.

So if the OP were to go to court and claim there was a medical emergency which required them to stop in the red zone, what section of vehicle code would they cite that exception? You can expand 22500 and read just about every possible parking violation there is and look for the "it's ok if it's an emergency" clause. I don't see one.

[chessimprov]

It's not worth going to court unless you want to explain your situation and what prompted you to get in the situation you are in. You might get any points that would've affected your license removed.

I understand the awkwardness you feel about the manner in which you got the ticket. I would feel awkward too if I wasn't at least told I was going to get a ticket by mail and just received one after what seemed more like a warning. You might be able to argue this point to lessen your penalty, but it's not a guarantee.

Depending on the court, they might not even let you speak and only want a letter from you, etc.

If you're lucky, maybe a discount on the ticket for showing up to court. That's about it.

[joosoon]

Originally Posted by 2Easy

He would say that he didn't park there and that's why no ticket was left on his car.

It doesn't work that way. You can get a ticket in the mail without even knowing you committed a violation. Think: red light cameras, here.


And again, you don't have to be parked in red to be cited for it. The vehicle code covers "standing" too, which means sitting idle in the car. What you're basically saying would mean that if a person were to drive away from any parking violation, they couldn't be cited for it because they didn't receive the ticket on a parked car. Like I said, it doesn't work that way and anybody thinking that's a workable strategy in traffic court has probably never been.

[joosoon]

Originally Posted by chessimprov

If you're lucky, maybe a discount on the ticket for showing up to court. That's about it.

You have to pay the citation just to go to court. It's only if you win that you recoup the fine. If you lose, you're paying for the court costs on top of the money you ponied up just to fight the ticket in the first place.



It's designed like this for a reason.

[looker009]

Originally Posted by joosoon

It doesn't work that way. You can get a ticket in the mail without even knowing you committed a violation. Think: red light cameras, here.


And again, you don't have to be parked in red to be cited for it. The vehicle code covers "standing" too, which means sitting idle in the car. What you're basically saying would mean that if a person were to drive away from any parking violation, they couldn't be cited for it because they didn't receive the ticket on a parked car. Like I said, it doesn't work that way and anybody thinking that's a workable strategy in traffic court has probably never been.

Red light camera ticket is moving violation which in Los Angeles county is not enforceable. You can argue that your car wasn't there and parking officer and/or police officer would need to provide proof like picture that you car was in fact there being vin wasn't entered on the ticket.

[joosoon]

Originally Posted by looker009

Red light camera ticket is moving violation which in Los Angeles county is not enforceable. You can argue that your car wasn't there and parking officer and/or police officer would need to provide proof like picture that you car was in fact there being vin wasn't entered on the ticket.

You can receive a speeding ticket in the mail. It doesn't necessitate any more proof than if you were stopped for it and cited in person. All this stuff about ghost cars and VINs and not having sufficient proof is ridiculous.



Anybody suggesting the OP go to traffic court and fight this with these hare-brained strategies should be offering to pay the costs up front to do it.

[looker009]

Originally Posted by joosoon

You can receive a speeding ticket in the mail. It doesn't necessitate any more proof than if you were stopped for it and cited in person. All this stuff about ghost cars and VINs and not having sufficient proof is ridiculous.



Anybody suggesting the OP go to traffic court and fight this with these hare-brained strategies should be offering to pay the costs up front to do it.

To receive speeding ticket in California you need to be pulled over unless officer can positively identify the driver. It's illegal to issue camera speeding ticket in California. You are mixing moving violation with non moving violation.

[joosoon]

Originally Posted by looker009

To receive speeding ticket in California you need to be pulled over unless officer can positively identify the driver.

Uh, no.
Please cite vehicle code for this.

You are mixing moving violation with non moving violation.

Not at all. Just pointing out that a ticket can be issued via mail either way. The OP asked if it was legal. It is. Fighting the one they got isn't worth it for all the reasons already pointed it out.

[looker009]

Originally Posted by joosoon

Uh, no.
Please cite vehicle code for this.







Not at all. Just pointing out that a ticket can be issued via mail either way. The OP asked if it was legal. It is. Fighting the one they got isn't worth it for all the reasons already pointed it out.

In California automated speeding tickets is illegal.



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