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Parking vs Temporarily Stopping

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  • 05-09-2010, 12:13 AM
    curious1989
    Parking vs Temporarily Stopping
    My question involves a traffic ticket from the state of: Louisiana

    I have been issued a ticket for "illegal mobility impaired parking". The officer said that since my car was stationary in the spot, I was parked and deserved a ticket. My car was still running and in gear. So using his definition, how is this different from stopping at a traffic light or at a stop sign? In all cases, the driver is in the car, car is in gear. Am i technically parked in theses situations. So again, what is the difference that I am missing.

    Thanks for your time
  • 05-09-2010, 12:54 AM
    That Guy
    Re: Parking vs Temporarily Stopping
    Quote:

    Quoting curious1989
    View Post
    My question involves a traffic ticket from the state of: Louisiana

    I have been issued a ticket for "illegal mobility impaired parking". The officer said that since my car was stationary in the spot, I was parked and deserved a ticket. My car was still running and in gear. So using his definition, how is this different from stopping at a traffic light or at a stop sign? In all cases, the driver is in the car, car is in gear. Am i technically parked in theses situations. So again, what is the difference that I am missing.

    Thanks for your time

    Title 32 of the Louisiana Revised Statute
    Section RS 32:1
    Paragraph (46) "Park" or "parking" means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.


    So unless you were "actually engaged in loading or unloading merchandise or passengers" then by definition, you were "parked"... You were NOT "stopped".

    Title 32 of the Louisiana Revised Statute
    Section RS 32:1
    Paragraph (74) "Stop" means, when required, the complete cessation from movement.

    Paragraph(75) "Stop" or "stopping" means, when prohibited, any halting, even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer, weights and standards police officer, or traffic control sign or signal.

    I highly doubt you parked in that parking space because an officer or a traffic control sign or signal ordered/required you to "park" there.
  • 05-09-2010, 07:09 AM
    cyjeff
    Re: Parking vs Temporarily Stopping
    And that means "Active"... meaning the doors open and people entering or leaving... not waiting for loading/unloading to begin.
  • 05-09-2010, 12:04 PM
    jk
    Re: Parking vs Temporarily Stopping
    Quote:

    So again, what is the difference that I am missing.
    intent and context
  • 05-10-2010, 08:09 AM
    curious1989
    Re: Parking vs Temporarily Stopping
    Thank you "Thank guy". I actually was letting out a passenger. He says that he watched me the whole time, but that the passenger wasn't the point.
    She was getting out to ask a question of the owner of a location downtown. He drove up to me as I was waiting for her. (meaning, he didn't pull up until she was a few feet away from my car.) That's when he said since my car was stationary that I was parked. I tried to explain why. He again denied the importance of watching her get out of the car. She had actually come back to the car, while he was questioning me. He said it didn't matter

    I may have been naive, but I reasoned that letting her out there versus completely blocking a downtown street's traffic, was the lesser of the two evils.
  • 05-10-2010, 08:53 AM
    jk
    Re: Parking vs Temporarily Stopping
    Quote:

    He drove up to me as I was waiting for her. (meaning, he didn't pull up until she was a few feet away from my car.) That's when he said since my car was stationary that I was parked.
    There is where you earned the ticket. Once you discharged your passenger, your duty was to leave the space. The fact you made no action to leave the space once your passenger was discharged, you were in fact parked.

    Quote:

    I may have been naive, but I reasoned that letting her out there versus completely blocking a downtown street's traffic, was the lesser of the two evils.
    How about finding a legal parking space and park there. If need be, one could always walk back to this point.
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