CA Citation Hearing - In Person or Phone?

[Lanfeare]

What is the name of your state?California

I am considering a hearing for an Abandoned Vehicle on Public Roadway
citation but would like to know which is more likely to produce a
favorable result (i.e. dismissal): an in-person, phone or written
hearing? I plan on arguing factually that the car could not have been
abandoned for two weeks because it was driven and re-parked once during
that time. The car was parked with a For Sale sign and was not chalked or marked in any visible way. BTW, this hearing will be held in Orange County, CA. Any advice?

 

[CdwJava]

Your chances depend on the section you were cited for.

Specifically, what section (number, please) was your vehicle cited for? And, if it was impounded, did they provide you with an authority section or reason?

- Carl

 

[Lanfeare]

Carl,

Thanks for responding. I believe the section is 22523(a) of the California Vehicle Code. The car was not impounded (luckily) because I reparked my car the same day right after receiving the citation. (I have since moved out of the area, along with my car).

 

[CdwJava]

Carl,

Thanks for responding. I believe the section is 22523(a) of the California Vehicle Code. The car was not impounded (luckily) because I reparked my car the same day right after receiving the citation. (I have since moved out of the area, along with my car).

Okay ...

22523. (a) No person shall abandon a vehicle upon any highway.

Further reading indicates that being "abandoned" may well be based solely upon the reasonable assumption of the issuing officer. I cannot seem to find a clear definition ... although CVC 22669(d) has this to say about towing abandoned vehicles:

(d) Motor vehicles which are parked, resting, or otherwise immobilized on any highway or public right-of-way and which lack an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on the highways of this state, are hereby declared a hazard to public health, safety, and welfare and may be removed immediately upon discovery by a peace officer or other designated employee of the state, county, or city.

Being driven and re-parked does not necessarily mean that it was not abandoned. An officer seeing the same vehicle (particularly if it is in a state of disrepair) in the same place for a few days on end can make a reasonable assumption that the vehicle is abandoned.

You might consider bringing a photo of the vehicle and at least SOME corrobration that it has moved in that time ... a friend or someone that saw you move it would be nice.

However, if the vehicle is a P.O.S. and isn't even street legal, or looks like a scrap heap on wheels, a picture may not help.

- Carl

 

[Lanfeare]

My thanks again Carl,

So an in-person hearing then. I can bring a picture, my car is a 15 yr old Cabriolet but not yet a POS by anyone's definition (I think). I can provide testimony that a neighbor, my father-in-law, saw it move as well. Last question: would I need to bring him with me or can I substitute a notarized affidavit?

Side note: it's interesting that there is not even a vague definition of abandoned, although on my citation it is written "has not moved in two weeks". Surely a code that is open to interpretation is likewise open to debate?

 

[CdwJava]

My thanks again Carl,

So an in-person hearing then. I can bring a picture, my car is a 15 yr old Cabriolet but not yet a POS by anyone's definition (I think). I can provide testimony that a neighbor, my father-in-law, saw it move as well. Last question: would I need to bring him with me or can I substitute a notarized affidavit?

It's always best to bring the live body - but, a notarized note might do as well. After all, this is not a court hearing, so the same rules don't generally apply.

Side note: it's interesting that there is not even a vague definition of abandoned, although on my citation it is written "has not moved in two weeks". Surely a code that is open to interpretation is likewise open to debate?

Absolutely it's open to debate. The officer may have been writing the cite on his belief that it hasn't moved, or, based upon the statement of a complainant who said it hadn't moved for two weeks. Most the time we don't cite for that sort of thing absent someone stirring the pot.

- Carl