Crosswalk Ticket

[kjanke]

Wisconsin - I recently got a ticket parking to close to a crosswalk. There was no crosswalk painted at this intersection. As for the statue it gets rather hairy on intersections etc. I looked in the Drivers Handbook that teaches us all to drive and there is no mention of this. Is there anyway I can fight this with the notion that how is anyone expected to follow a statue that is both unclear and not readily available to the public. Any other ideas on how to fight this ticket?What is the name of your state?

 

[You Are Guilty]

Wisconsin - I recently got a ticket parking to close to a crosswalk. There was no crosswalk painted at this intersection. As for the statue it gets rather hairy on intersections etc. I looked in the Drivers Handbook that teaches us all to drive and there is no mention of this. Is there anyway I can fight this with the notion that how is anyone expected to follow a statue that is both unclear and not readily available to the public.

Can you? Sure.
Would you actually win doing so? Not a snowball's chance in hell. (Ever hear the saying "ignorance of the law is no excuse"? Because it's true.)

Any other ideas on how to fight this ticket?

This one is easy! Just prove you weren't parked too close a crosswalk.

Good luck.

 

[kjanke]

So are you telling me that the average citizen should read every law so that they are informed?

As for proofing I wasn't parked with 15 feet. I have pictures of the intersection. Do I just state that this is the location that I parked and it is more then 15 feet from the imaginary crosswalk?

 

[You Are Guilty]

So are you telling me that the average citizen should read every law so that they are informed?

I'm not telling you anything other than saying "I didn't know it was illegal to do X" has never, in the entire history of American jurisprudence, ever worked as a valid defense. (Otherwise, I could go steal you car and if caught, just say "I didn't know I couldn't do that" and get off).

As for proofing I wasn't parked with 15 feet. I have pictures of the intersection. Do I just state that this is the location that I parked and it is more then 15 feet from the imaginary crosswalk?

Well, if you have nothing else, you can try that. However, most courts will want to see a photo of your car parked further away than the 15' that's required (you'll need something in the photo to show the exact distance - a tape measure, etc.) They generally do not give much credit to the driver's verbal statement.

 

[kjanke]

Thanks

I do appreciate your candor and feedback. The definition of an unmarked crosswalk confuses the heck out of me.

Unmarked crosswalk . In the absence of signs, lines or markings, that part of a roadway, at an intersection, which is included within the transverse lines which would be formed on such roadway by connecting the corresponding lateral lines of the sidewalks on opposite sides of such roadway or, in the absence of a corresponding sidewalk on one side of the roadway, that part of such roadway which is included within the extension of the lateral lines of the existing sidewalk across such roadway at right angles to the center line thereof, except in no case does an unmarked crosswalk include any part of the intersection and in no case is there an unmarked crosswalk across a street at an intersection of such street with an alley.

 

[You Are Guilty]

Yeah, that's a pretty bad one. By way of comparison, here's my local definition:

§ 110. Crosswalk.
(a) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway between the curbs or, in the absence of curbs, between the edges of the traversable roadway.
(b) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

If all else fails, argue that pursuant to the definition of "crosswalk", you just weren't parked too close. Maybe the judge will get confused over the definition and believe you. (Just don't lead with this one as it's not your strongest defense).