Results 1 to 5 of 5

Hybrid View

  1. #1
    Join Date
    Jan 2008
    Posts
    1,948

    Question Parking Ticket With Wrong Violation Code

    San Diego California
    After 25 years of having a license I received my first ticket today

    I was parked in a city owned lot at the end of a of a double row of cars. There were no white lines but there were also no hash marks or anything and I made sure I was totally not blocking anyone or other vehicles etc.

    I am a bit irritated because I have been waiting over three weeks for my permanent handicapped placard. The CA DMV says it can take up to six weeks and I can't get a temp placard while I wait because they don't give the temporary ones to people who are being issued permanent placards

    ANYway - I knew better than to park in a blue spot and thought I'd be okay where I was. OOPS!

    The officer wrote in 86.02SDMC with the remark "out of stall end cap".
    So I just looked up the violation.

    §86.02 Parking
    No person shall park, stand or stop any vehicle unless both right wheels are within eighteen inches (18”) of the curb or edge of the street, subject, however, to the provisions of Sections 86.02.1 and 86.02.2. When lines indicating parking stalls are designated on the surface of a street, no person shall park, stand, or stop any vehicle unless such vehicle is entirely within the limits of such parking stall.
    (Amended 12–29–1976 by O–11975 N.S.)

    I don't think this description fits what I did...
    I think this description is more accurate...

    §86.19.1 City Parking Facilities — Parking in Marked Zones and Stalls
    It shall be unlawful for any person to park or leave unattended any motor vehicle in any parking facility owned, leased, or operated by The City of San Diego except in areas distinctly marked for parking and only in areas marked with lines designating parking spaces.
    (Amended 4–17–1989 by O–17280 N.S.)

    My questions are -
    1. Should I just pay the $40 fine written in by the officer?
    2. Should I contest the ticket based on the wrong code being used?
    3. Is the fact that I have no tickets or am waiting for a placard taken into condsideration?
    4. How do I find out what the fine is for violation of 86.19.1?
    5. Do you have any other advice for me?

    THANKS!

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Parking Ticket With Wrong Violation Code

    Quote Quoting 525601minutes
    View Post
    After 25 years of having a license I received my first ticket today
    Congratulations! And its about time you start contributing to what the rest have had to pitch into all this time…

    Quote Quoting 525601minutes
    View Post
    I think this description is more accurate...
    §86.19.1 City Parking Facilities — Parking in Marked Zones and Stalls
    It shall be unlawful for any person to park or leave unattended any motor vehicle in any parking facility owned, leased, or operated by The City of San Diego except in areas distinctly marked for parking and only in areas marked with lines designating parking spaces.
    I would agree that 86.02 may not be applicable to what you described. But how can you suggest that 86.19.1 is “more accurate" when you said this (compared to the part I underlined above):
    Quote Quoting 525601minutes
    View Post
    There were no white lines but there were also no hash marks or anything
    I don’t think you should feel obligated to suggest an alternative muni code for your violation so as to justify the fact that the code you were cited for is not appropriate. If it doesn’t fit, you must acquit!!! Remember that?

    Quote Quoting 525601minutes
    View Post
    I made sure I was totally not blocking anyone or other vehicles etc.
    How subjective a statement would you suggest that was??? I don’t know, I am asking!

    Quote Quoting 525601minutes
    View Post
    1. Should I just pay the $40 fine written in by the officer?
    If you think you’re guilty of the offense charged then absolutely. If not, the heck no!

    Quote Quoting 525601minutes
    View Post
    2. Should I contest the ticket based on the wrong code being used?
    I would. However, I can tell you that parking citations do not receive the same fair and impartial treatment nor are they bound by the same rules that an in court traffic citation will receive. Even if they do, and since you have no way to prove where you were exactly parked (in reference to a line/marker/other vehicle) it will be your statement against that of the citing officer and guess who’s gonna win that? Point is you can contest it and lose and the appeal it and lose again and after all that time, end up having to pay the same $40. So it depends on how much free time you have.

    Quote Quoting 525601minutes
    View Post
    3. Is the fact that I have no tickets … taken into condsideration?
    Everybody starts with “no tickets”. Although 25 years is a long time, but if everyone who has not had any tickets should get their first ticket thrown out as if it never happened, that would mean that nobody would ever have to pay any tickets.

    Quote Quoting 525601minutes
    View Post
    3. Is the fact that I … am waiting for a placard taken into condsideration?
    Don’t get me wrong… I am all for A.D.A. and would probably be the first one to call if a non-handicapped driver were to park in a handicapped spot BUT since you’re so bound by the terminology of the San Diego municipal code, find a code section that can justify you parking wherever you want only based on your having to wait for your placard, and then contest it on that basis! Fair is fair. Right?

    Quote Quoting 525601minutes
    View Post
    5. Do you have any other advice for me?
    Yes, but not the advice you’re expecting. My advice is: Take care, be careful where you park next time!

    Good luck!

    EDIT: By the way, 525601 minutes equals 1 year!!!

  3. #3
    Join Date
    Jan 2008
    Posts
    1,948

    Default Re: Parking Ticket With Wrong Violation Code

    525600 is a year - I need that extra minute
    After thinking more about it - the place I parked was 100% not in the way of any other car or traffic by at least 20 feet. Seriously - it was in an area that was completely out out the way.

    So I'm going to go for it and send in my appeal letter stating only that I was not parked on the street so the ticket should be tossed as I did not violate the code s/he wrote in.

    Then I will cross my fingers

  4. #4
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Parking Ticket With Wrong Violation Code

    Quote Quoting 525601minutes
    View Post
    525600 is a year - I need that extra minute
    I added the extra minute to account for a few leap years!

    Quote Quoting 525601minutes
    View Post
    After thinking more about it - the place I parked was 100% not in the way of any other car or traffic by at least 20 feet. Seriously - it was in an area that was completely out out the way.
    I have no reason to doubt your judgment. But do you know that for that particular parking lot, 20ft might be the required minimum. I don't know. But in your defense, such an area should be marked accordingly.

    Quote Quoting 525601minutes
    View Post
    So I'm going to go for it and send in my appeal letter stating only that I was not parked on the street so the ticket should be tossed as I did not violate the code s/he wrote in.
    Sounds to me like a sound, reasonable and proper way to exercise your right to defending yourself. You've got nothing to lose & $40 to gain. Or should I say regain?

    And by the way, after posting in this other night, I did browse through the City Of San Diego website. It turns out that if your planned appeal loses then you can request an in person hearing, and if that fails then you have the option of appealing to the Superior court. Your argument, and if it falls upon deaf ears with "Parking Enforcement" sounds viable enough where it should prevail at the court level.

    Is $40 worth all that effort?

    Well, at the risk of sounding like a hypocrite & in light of what I posted last time, let me say it not a matter of $40, it is more the principal!
    Quote Quoting 525601minutes
    View Post
    Then I will cross my fingers
    Count on me crossing mine for you as well! Good luck!

    It would be great if you can come back and let us know how it turned out!

  5. #5
    Join Date
    Jan 2008
    Posts
    1,948

    Default Re: Parking Ticket With Wrong Violation Code

    When writing my appeal letter I also realized that the address written on the form was not even where the parking lot was located. The address given was on the west side off the street (not east) and a block further south.

    So I included that error along with a photograph from Googlemaps where I circled where I had actually parked. I will post again when I hear back

    1. Sponsored Links
       

Similar Threads

  1. Can a Ticket Be Dismissed for Listing the Wrong Code and Violation
    By cheekychelton in forum Vehicle Registration and Title
    Replies: 4
    Last Post: 05-04-2011, 11:38 AM
  2. Lights, Signs and Traffic Controls: Can Wrong Violation Code Be a Cause to Dismiss a Ticket in California
    By Bigggrick in forum Moving Violations, Parking and Traffic Tickets
    Replies: 7
    Last Post: 11-26-2010, 10:25 AM
  3. Traffic Lane Violations: Traffic Ticket with Wrong Violation Code
    By NJMiddlesex in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 04-02-2010, 09:19 PM
  4. Ticket Errors: Wrong Violation/Statute Code Listed on Ticket
    By emilykmiller in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 10-30-2009, 07:02 AM
  5. Wrong Violation Code on Ticket
    By cindy2262003 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 10-20-2006, 08:50 AM
 
 
Sponsored Links

Legal Help, Information and Resources