My question involves a traffic ticket from the state of: California
Am fighting a "parking" ticket for violation of a "no stopping anytime" sign posting. The violation code used on the initial ticket stated 15.64.260 stopped at posted "no stopping anytime". This ticket was issued by the city, not a police agency.
After requesting an administrative review (and including numerous photographs showing the sign is not visible) which was denied, I am preparing for a trial by mail. On the denial notice, I see that the violation has now been changed to "15.64.260 no parking anytime". On return to the street, I have verified that the sign posted says "No Stopping Anytime".
I have been trying online to clarify whether this is in fact a parking, or moving violation? From what I understand in my research, for a moving violation the officer would have to respond in writing for my trial by mail, but for a parking violation they don't. So it makes a difference what the actual violation is.
You are probably asking yourself---if you stopped in a no stopping zone, why are you not just paying the ticket? The answer to that is that I genuinely believe that the single posted sign is insufficient--after driving on this dead end street with a field on one side, and two schools on the other for an entire school year, I never once saw the sign, nor did any of the other parents I know. And judging by the fact that literally a hundred or more cars stop there every school day, I'm assuming that most if not all of those people can't see the sign either. It's a long street, with only one sign in front of a tree at the far end--I mean like 30-40 car lengths down at the other end. My research has indicated that violations of posted signs are not enforceable unless they are "sufficiently legible to be seen by an ordinarily observant person." I will be fighting the ticket on these grounds, but would still like to know whether it is in fact a parking violation.
Thanks for your help.





