California, CVC 22514

[FengJ]

What is the name of your state (only U.S. law)? California

I recently received a ticket in the mail for allegedly parking next to a fire hydrant in December 2013.

As far as I recall, I was in the area to pick up a friend, spotted her on the street, and pulled off to the curb out of traffic to pick her up. It could have been more than 30 seconds before she crossed the street to get into the car.

I didn't even realize I was next to a fire hydrant. The parking enforcement agent must have just pulled around the corner and presumed that we had just gotten into the car after being parked illegally. I never left the vehicle, and contested the ticket (along with an affidavit from my friend) by mail citing CVC 22514(a) which reads:

22514. No person shall stop, park, or leave standing any vehicle within 15 feet of a fire hydrant except as follows:
(a) If the vehicle is attended by a licensed driver who is seated in the front seat and who can immediately move such vehicle in case of necessity.

I was found liable for the citation, but of course they didn't give any explanation.

I paid the fine, and requested a hearing in person. But, I was wondering if my point is valid; namely, that I was allowed to stop by the fire hydrant since I was in the driver's seat the entire time. What other defense would I have (or need), and would the hearing officer still find me guilty?

There's another section somewhere that defines parking, standing, or stopping and that it is OK temporarily for active passenger loading but I'm not sure if that's as relevant.

Thanks!

 

[CdwJava]

Was VC 22514 the code section under which you were cited?

Did you get out of the car at any time while stopped/parked?

 

[FengJ]

Yes, CBC 22514 was the section which I was cited. And no, I was in the vehicle the entire time; I pulled over to the curb to not block traffic, and waited in the car for a few moments while my friend crossed the street to get into the vehicle.

Was VC 22514 the code section under which you were cited?

Did you get out of the car at any time while stopped/parked?

 

[CdwJava]

Yes, CBC 22514 was the section which I was cited. And no, I was in the vehicle the entire time; I pulled over to the curb to not block traffic, and waited in the car for a few moments while my friend crossed the street to get into the vehicle.

Then you might choose to do a trial by written declaration stating this fact and pointing out the exception under (a). If you lose that, you will have the option of a trial de novo (a new trial).

 

[FengJ]

Then you might choose to do a trial by written declaration stating this fact and pointing out the exception under (a). If you lose that, you will have the option of a trial de novo (a new trial).

Hello, and thanks for the responses.

I contested the ticket by mail, citing the exception, and with a written affidavit from the witness lending credence to my statements. I was found liable for the violation. I have paid the fine and requested a hearing in person.

Presumably, I hope they read the declaration, and gave full attention to the stated facts. It seems pretty cut and dry that I fall under the exception. Is there any other related law where they could rightfully still find me liable? In short, what else could I say if they said something like, "CVC 22514(a) does not apply in this case."

 

[CdwJava]

I don't know what more you can say if the court somehow indicates that (a) doesn't apply except to point out that you never left the driver's seat and your vehicle was turned on and ready to move as you were simply picking up your friend.

Did you leave the car at all? Did you turn it off?

 

[FengJ]

Hi CdwJava,

no, I never left the car, and the engine was on the entire time. That's what's puzzling... why I was still found in violation given the stated facts and the affidavit corroborating my claims in the written testimony. Maybe there's an exception to the exception I'm not aware of...

My guess is that the enforcement may have presumed that if I was stopped next to a fire hydrant, it's illegal and is a citable offense, and ticketed me as I was driving away.

I don't know what more you can say if the court somehow indicates that (a) doesn't apply except to point out that you never left the driver's seat and your vehicle was turned on and ready to move as you were simply picking up your friend.

Did you leave the car at all? Did you turn it off?

 

[CdwJava]

My guess is that the enforcement may have presumed that if I was stopped next to a fire hydrant, it's illegal and is a citable offense, and ticketed me as I was driving away.

That's very likely.

And there are some that say that most courts will dismiss a TBWD without really reading them for content. Yours may have been one of those. Whether that truly happens or not, I don't know. But, if you file for the TDN you can probably prevail ... unless the enforcement officer testifies that he/she saw you park and get out.

 

[FengJ]

Yes, I feel as though that may be the case (dismissal without thorough consideration). But, I thought that with the witness statement, that it wouldn't be a case of my word against theirs. Do you have any opinion/experience on how this would work in during a hearing with a witness? Hopefully, the enforcement officer has enough integrity not to give a false statement, but if so, would the enforcement officer's testimony still prevail despite the conflicting statements given by myself and my witness?

Thank you for your advice and vote of confidence.

That's very likely.

And there are some that say that most courts will dismiss a TBWD without really reading them for content. Yours may have been one of those. Whether that truly happens or not, I don't know. But, if you file for the TDN you can probably prevail ... unless the enforcement officer testifies that he/she saw you park and get out.

 

[CdwJava]

There is a general assumption that your witness - being a friend or family member - will be biased and could lie or obfuscate the matter to your benefit. Presumably, the parking enforcement officer has no incentive to lie and thus would not do so. However, that does not mean that he or she is correct or saw things accurately. Depending on other foot traffic, they might believe that you got out of the car at some point to help your friend in, pop the trunk, etc. and testify to that fact. All you and your witness can do is truthfully state what you recall and let the hearing officer or panel render a decision. If they side against you, you might have another opportunity to appeal, or, set the matter to be hard before an administrative judge.

 

[FengJ]

Yes, a friend or family member may have a reason to fabricate their story to support me, but the risk of perjury is greater than the $100 citation! I've only had one other experience in traffic court for a moving violation that was dismissed when the judge caught the officer in a lie (not saying his actions are representative of law enforcement in the least).

I guess the only option is to go to the administrative hearing, tell the truth and hope that is sufficient. Too bad I can't file for discovery, as this is not a moving violation as it'd be nice to see the enforcement officer's notes to prepare my defense. If it is denied, I won't pursue it further since the only option then is to file an appeal with the county Superior Court which includes more fees that are potentially non-refundable. If it is denied, I hope that a written reason for the denial is provided as it wasn't in the decision for the original declaration by mail.

Thank you again for your advice!

There is a general assumption that your witness - being a friend or family member - will be biased and could lie or obfuscate the matter to your benefit. Presumably, the parking enforcement officer has no incentive to lie and thus would not do so. However, that does not mean that he or she is correct or saw things accurately. Depending on other foot traffic, they might believe that you got out of the car at some point to help your friend in, pop the trunk, etc. and testify to that fact. All you and your witness can do is truthfully state what you recall and let the hearing officer or panel render a decision. If they side against you, you might have another opportunity to appeal, or, set the matter to be hard before an administrative judge.

 

[CdwJava]

Yes, a friend or family member may have a reason to fabricate their story to support me, but the risk of perjury is greater than the $100 citation!

Yet, you might be surprised at the number of people who do just that.

I guess the only option is to go to the administrative hearing, tell the truth and hope that is sufficient. Too bad I can't file for discovery, as this is not a moving violation as it'd be nice to see the enforcement officer's notes to prepare my defense.

You can request informal discovery, but since the DA is not involved it makes it tougher. Some departments will freely give up that info on an informal discovery request even though they don't have to, others might ignore it until ordered by a court.