Page 3 of 7 FirstFirst 1 2 3 4 5 ... LastLast
Results 21 to 30 of 67
  1. #21
    Join Date
    Nov 2009
    Posts
    20

    Default Re: Is It Legal to Receive Tickets when You're Parked in Your Own Driveway

    Scratch my last post on not discussing this further. It's quite amusing to see what you guys come up with, and I'll still seek an attorney's advice nonetheless.

    And also, the trespassing on private property could be valid, whether you're a cop or not. (Although I won't yell at the judge).

    Here's the New York State code I am accused of violating: TITLE 7, ARTICLE 26, Sub-section 1144: Operation of vehicles on approach of authorized emergency
    vehicles. The section states:

    (a) Upon the immediate approach of an authorized emergency
    vehicle equipped with at least one lighted lamp exhibiting red light
    visible under normal atmospheric conditions from a distance of five
    hundred feet to the front of such vehicle other than a police vehicle or
    bicycle when operated as an authorized emergency vehicle, and when
    audible signals are sounded from any said vehicle by siren, exhaust
    whistle, bell, air-horn or electronic equivalent; the driver of every
    other vehicle shall yield the right of way and shall immediately drive
    to a position parallel to, and as close as possible to the right-hand
    edge or curb of the roadway, or to either edge of a one-way roadway
    three or more lanes in width, clear of any intersection, and shall stop
    and remain in such position until the authorized emergency vehicle has
    passed, unless otherwise directed by a police officer.
    (b) This section shall not operate to relieve the driver of an
    authorized emergency vehicle from the duty to drive with reasonable care
    for all persons using the highway.

    Now, here's the part above that's causing a few eyebrows to raise: "the driver of every
    other vehicle shall yield the right of way and shall immediately drive
    to a position parallel to, and as close as possible to the right-hand
    edge or curb of the roadway, or to either edge of a one-way roadway
    three or more lanes in width, clear of any intersection, and shall stop
    and remain in such position until the authorized emergency vehicle has
    passed, unless otherwise directed by a police officer."

    The police officer flashed his lights 3 HOUSES from MY HOUSE on the street I live in, so naturally, you would pull in your own driveway. And this is the TRUTH because on the ticket, the officer himself put my street down as the area of occurrence.....WHICH he should have started flashing his lights at the stop sign I supposedly didn't stop at, WHICH I DID.

    So if you're supposed to pull over in the positions stated above, that's where the citation is issued, NOT while you're parked in your own driveway.

    There is now absolutely no way that I could be fined for this. It would be against all reasonable logic and the law itself as stated above. And since this logic holds, the other ticket also gets discharged.

    P.S. My record is CLEAN. I have no previous infractions, no tickets, no nothing. How ridiculous is it that I would get my first ticket ever while I'm parked in my own driveway? Nonsense, and whatever you guys may say about it, admit that this is true.

    And by the way, a driveway is not stated in the law above as one of the positions to park your car in for this offense. Therefore, the legality of a driveway is not stated. The law should have stated "any other positions to park your car in are not acceptable". You can't just assume that since something isn't stated in the law above that it must be illegal. That's WRONG logic. The law is NOT built upon assumptions.

    Mega win for me. And if there is no law that explicitly states whether or not the police could give out traffic summons while you're parked at your own residence and on your own private property, don't assume that it's legal to do this. I really should get him for trespassing on private property....coming up to my car, banging on the window, and yelling at me IN MY OWN DRIVEWAY. Please guys...you know this is totally unacceptable.

    This actually may lead to the establishment of a new traffic law precedent. I'd bet my life on it

  2. #22
    Join Date
    Jan 2006
    Posts
    38,734

    Default Re: Is It Legal to Receive Tickets when You're Parked in Your Own Driveway

    Therefore, the legality of a driveway is not stated.
    yes it is.

    did you do this?

    shall immediately drive
    to a position parallel to, and as close as possible to the right-hand
    edge or curb of the roadway,
    Unless your driveway is parallel to the roadway and immediately beside the roadway, you are guilty as charged.

    Now honestly, I would argue this one since it was your drive that you pulled in to. If a judge convicts for that, he is hard core.

    as to the failing to stop; you're on your own. If you didn't stop, you're guilty.

  3. #23
    Join Date
    Nov 2009
    Posts
    20

    Default Re: Is It Legal to Receive Tickets when You're Parked in Your Own Driveway

    Quote Quoting jk
    View Post
    yes it is.

    did you do this?



    Unless your driveway is parallel to the roadway and immediately beside the roadway, you are guilty as charged.

    Now honestly, I would argue this one since it was your drive that you pulled in to. If a judge convicts for that, he is hard core.

    as to the failing to stop; you're on your own. If you didn't stop, you're guilty.
    You are absolutely wrong, and here's why. It really pays to be extremely meticulous here when analyzing the wording and grammar. First of all, my driveway is NOT parallel to the street. It's PERPENDICULAR. That's a HUGE difference right there. Secondly, you must drive to a position parallel to AND and as close as possible to the right-hand edge or curb of the roadway. That one word "AND" indicates both conditions must be met. Therefore, NO TICKETING IN THE DRIVEWAY. Also, a driveway is NOT a roadway. You drive on a roadway, and park on a driveway (as the late, great George Carlin would attest to)

    Once I present this, there's absolutely no way I should be fined for this ticket and the previous stop sign ticket. If I do, there's going to be one heck of a lawsuit.

    And I did stop at that stop sign, and my argument for that ticket will be you cannot ticket someone for a vehicular offense while parked in a driveway at your own property. Plain and simple. And if they DON'T have any laws or regulations where exactly the car must be parked for police to hand out traffic citations, do NOT assume that they can do that anywhere. That (again) is assumptive thinking, and NOT law.


    So once again, I am sticking to my claim that you absolutely cannot ticket somebody for traffic violations while you're parked in your own driveway where you reside. Yes, it is like Free Parking on the monopoly board...absolutely. And again, if there is NO law or laws stating whether or not you can be ticketed for traffic offenses in your driveway, you CANNOT assume that you can be. If there is no law, then this particular case can be brought up to the highest court possible to establish a precedent. It's often the case where major laws and rulings come into effect as law after a court ruling or major case. You should all know that

  4. #24
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Is It Legal to Receive Tickets when You're Parked in Your Own Driveway

    The problematic reading comprehension is not on jk's part.

  5. #25
    Join Date
    Jan 2006
    Posts
    38,734

    Default Re: Is It Legal to Receive Tickets when You're Parked in Your Own Driveway

    Quote Quoting PD187540
    View Post
    You are absolutely wrong, and here's why. It really pays to be extremely meticulous here when analyzing the wording and grammar. First of all, my driveway is NOT parallel to the street. It's PERPENDICULAR. That's a HUGE difference right there.
    and that is exactly why you could not conform to the law by pulling into your driveway.

    guilty.


    and I actually was trying to help. Oh well. enjoy the penalties imposed.

  6. #26
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Is It Legal to Receive Tickets when You're Parked in Your Own Driveway

    Quote Quoting PD187540
    View Post
    Secondly, you must drive to a position parallel to AND and as close as possible to the right-hand edge or curb of the roadway. That one word "AND" indicates both conditions must be met.

    That's correct! Did you meet BOTH those conditions? Because unless you met BOTH those conditions, YOU ARE GUILTY! If you did, indeed, meet BOTH those conditions, you are innocent. However, the way I read your posts, you pulled into your driveway instead of the side of the road. Pulling into your driveway means that you DID NOT meet BOTH those conditions -- unless, as "jk" pointed out, your driveway IS parallel to the road. Or perhaps we are ALL just a little obtuse.

    Oh, and Aaron IS an attorney. However, once again, I think we are wasting our collective breaths, time, and Aaron's bandwidth.

    I'm through....
    Barry

  7. #27
    Join Date
    Nov 2009
    Posts
    20

    Default Re: Is It Legal to Receive Tickets when You're Parked in Your Own Driveway

    Well head's up guys, because this is what's going to happen. I will most likely get a reduced fine for the "Passing Stop Sign" ticket, but I will get the "failure to yield to an emergency vehicle" ticket completely and unabashedly thrown out

    The cop flashed his lights 3 HOUSES away from my driveway. Obviously, if you people asked to see a MAP (which is CRUCIALLY key to getting this ticket thrown out, and which I will present at the court date, complete with markings and landmark locations), you'd have a better idea.

    So here's the scenario: Stop Sign 1 (cop claims I ran through it), Stop Sign 2 (came to a full stop at), I make a left turn onto my street at that 2nd stop sign, the cop puts his lights on 3 HOUSES away from my driveway, so in order to YIELD to him, I pull into my driveway. How can you be charged for "failing to yield" when he put on his lights 3 houses away from me???

    So to sum up again, the "failure to yield" ticket must and will be thrown out, and I'll have to pay a reduced fine for the stop sign ticket. The only way I can get the stop sign ticket thrown out is if I can come up with something stating that the cop can't ticket me for traffic violations while I'm parked in the safety of my own private property (which I am working on finding).

    Verdict: NOT GUILTY on "Failure to Yield to an emergency vehicle." And I might as well just say guilty to the stop sign thing, since it's more of a cop's word against mine sort of thing, UNLESS I can get him for ticketing me on my own private property.


    Case closed and done. I think I should take the LSAT and apply to law school for the heck of it to see what happens. I shouldn't let my 3.97 undergraduate GPA go to waste.

    So P.D. Esquire will keep you all informed as to what happens on February 9th. Darn, my arguments are good.

  8. #28
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,394

    Default Re: Is It Legal to Receive Tickets when You're Parked in Your Own Driveway

    How does any of this get you out of the failure to stop at the first stop sign?

    You might have an argument for the failure to yield (assuming your account is the account that is believed, and the officers' do not have anything significant to add), but for the first stop sign? Sorry, they got you there ... unless you can convince a court that there exists reasonable doubt to believe that the officer could have observed you blow the stop sign.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  9. #29
    Join Date
    Jan 2006
    Posts
    38,734

    Default Re: Is It Legal to Receive Tickets when You're Parked in Your Own Driveway

    How can you be charged for "failing to yield" when he put on his lights 3 houses away from me???
    because you did not comply with the law.

    I suggest the officer was responding how he always does to a guy that acts like a jerk when he pulls them over and tickets for everything he can. As I said before, a judge would be hard core to hold you to the ticket for pulling into the drive rather than pulling alongside the road but by the plain language of the code, you are guilty. He could hold you to it if you act like an ass in court.


    I think I should take the LSAT and apply to law school for the heck of it to see what happens.
    be my guest but a large part of it deals with reading comprehension and interpretation which you so sadly fail at.


    I shouldn't let my 3.97 undergraduate GPA
    it doesn't show. If you keep it secret, so will we.

    Quote Quoting PD187540
    View Post

    So P.D. Esquire will keep you all informed as to what happens on February 9th. Darn, my arguments are good.

    well, at least you have a career in comedy

  10. #30
    Join Date
    Aug 2006
    Posts
    563

    Default Re: Is It Legal to Receive Tickets when You're Parked in Your Own Driveway

    if he flashed his lights three houses away. then you should have stopped there. AT THOSE THREE HOUSES AWAY. the only reason you made it to your driveway was because you refused and FAILED TO YIELD. it is also beginning to look like you were fleeing. you thought the police had no jurisdiction in your driveway so thats why you were FLEEING to it. to seek its alleged (and unfounded) asylum.

    were you fleeing or did you fail to yield?
    we already know you did not stop when the lights flashed. you kept going. so what we need to decide is if you were fleeing from justice or if you just failed to yield

    1. Sponsored Links
       

Page 3 of 7 FirstFirst 1 2 3 4 5 ... LastLast

Similar Threads

  1. Can HOA Tow Car Out of Your Own Driveway Because the Way It's Parked
    By rcabrera96 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 02-09-2011, 10:53 AM
  2. Friend's Car Broken Into While Parked in My Driveway
    By bdm in forum Personal Property
    Replies: 2
    Last Post: 03-26-2010, 09:40 AM
  3. Auto Insurance: Girlfriend's Car Totaled While Parked in Driveway
    By dbrant in forum Insurance Law
    Replies: 1
    Last Post: 05-05-2009, 02:27 PM
  4. Parking Violations: 2 Tickets Parked at Same Spot
    By ladybug222 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 03-27-2009, 08:47 AM
  5. My Car Hit While Parked in Private Driveway, I Am Not Insured, What Happens Now?
    By kentuckyrulz in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 08-13-2008, 05:04 AM
 
 
Sponsored Links

Legal Help, Information and Resources