Moving Violation or Parking Violation?

[NAUstudent]

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

I received a 70.00 parking ticket for parking in a median outside my house. But on the ticket they charged me with:

28-731. Driving on divided highways

If a highway is divided into two roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section constructed to impede vehicular traffic, a person shall drive a vehicle only on the right-hand roadway and shall not drive a vehicle over, across or within the dividing space, barrier or section, except through an opening in the physical barrier or dividing section or space or at a crossover or intersection established by public authority.

This clearly to me looks like a moving violation. Is their anyway this can be a parking violation?What is the name of your state (only U.S. law)?

[seniorjudge]

When you go to court, talk to the prosecutor.

It doesn't sound like a parking ticket to me, but see if you can get a plea bargain.

[Zigner]

Describe the circumstances of your ticket (ie: were you in the car, etc)

[seniorjudge]

Originally Posted by Zigner

Describe the circumstances of your ticket (ie: were you in the car, etc)

Including how your car came to be parked on the median.

(I have my suspicions...but...)

[NAUstudent]

The median I parked in is in a residential neigborhood and has been used for parking by almost everyone in my development due to lack of parking spaces provided. their are no no parking signs and by definition their is a opening for traffic to drive onto it on one side of the median. I was not in my vehicle, they issued the ticket around 5:00 in the morning off of a complaint. when I went to the courthouse to contest the ticket even the secretary said that it was a moving violation. I am just wondering if their is anything in the wording that suggest this can be a parking violation. I had just left my house this morning and saw that 2 more cars had recieved the same violation.

[The Occultist]

For the record, I actually live in your town, and have friends that live in your area (you are off Litzler, correct?). Anywho, you are not allowed to park in that median. The police department has decided to begin charging this moving violations to make it very clear that you are not allowed to park there. The wording is correct since you had to have driven illegally in order to park in that median. From what I recall, this should not result in any points, and may in fact be quite easy to plead down to a simple parking ticket.

FYI: I asked officers in the area about the parking situation, and they said that while you are not allowed to park in that median, you are allowed to park alongside the actual street. I know I know, that makes no sense since the streets are already not wide enough, but there it is.

[NAUstudent]

well what else can the police start charging us with then. It seems like alot of bull**** that they are being aloud to bend the rules like that. All they have to do is spend a couple bucks and put a no parking sign and it would solve everyones problem. If it is such a issue why dont they have any code for it in the city code or in title 28 of the state traffic code. and for the parking in the street, ya I refuse to park their due to the fact that the lane is way too narrow and I did a little research and that street is in violation of the fire code by width. Its not only a "conflict with other traffic" to park in the street but blocks access to emergency vehicles. I can barely fit my small size suv let alone a fire truck.

Oh and by the way I plan on appealing this ticket as long as possible until they allow people to park their or put a damn no parking sign.

[The Occultist]

I am in complete agreement with you that the situation is, well, stupid. I wholeheartedly agree with the use of "no parking" signs. However, until the laws/policies change, that's how it's going to be. Since I do visit friends in that area quite a bit, I am definitely on your side as far as the stupidity here, and I am willing to help in any way I can. Feel free to PM me to exchange contact information.