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"Parked" on wrong side of street?

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mc2math

Junior Member
What is the name of your state? California

Facts:
In September of 2005 I was given a ticket for being parked on the wrong side of the street. The ticket had an inaccurate description of the vehicle: wrong color, wrong #of doors. I ran out of gas while driving, and cars started honking at me, so I had to get my stalled vehicle out of the road. I was able to push it to the side of the street, although I didn't realize I pushed it onto the wrong side until it was pushed there. I pushed on my emergency flashers and rushed to my friends house where he drove me to a gas station and we filled up an 8 gal. tank of gas. When I came back I found a ticket on my car. The ticket is for 45$, parking on the wrong side of the curb. I have gone through both administrative review and hearing proccesses which have denied my claim.

Question:
Is it worth going to court to fight this ticket? I was given the ticket in Los Angeles county but I live in Irvine, Orange County about 40mi away, is it possible for me to have the claim filed in an Orange county court? Do I have to pay to subpoena the officers? (the notice describing the appeal proccess specifies a $150 to subpoena officers, not sure what that is for). Thanks in advance.
 


justalayman

Senior Member
I know this is a legal advice forum**************.but with that said.....for God's sake..just pay the ticket.It's a freakin' parking ticket...most people would lose more money running around trying fight this than just paying it. You have admitted that you were on the wrong side of the street. And yes, I understand there were circumstances that are involved that you feel justified it but it's 45 bucks...no points.....nothing

Like Nike says**************"just do it"
 

mc2math

Junior Member
well, hey, i'm a student and $45 ... is something to me. I'm really just asking if there's a chance I'm going to win or if im just throwing $25 to the court. I mean, my car was inoperable at the time, and the emergency flashers were on so it wasn't "parked" right?
 

justalayman

Senior Member
if it wasn't moving and nobody in it......it was parked...do you have another choice in mind? I know $45 can be alot but you said it's 40 miles to court. If it takes a couple of trips the expenses in travel alone will outweigh the cost saved.
 

mc2math

Junior Member
yeah, the transmission was still in "D" and the emergency flashers were on... to be parked the car would have to be in "P" right? it's also only 1-2 miles to court if i can have it at the municipial court in orange county
 

justalayman

Senior Member
mc2math said:
yeah, the transmission was still in "D" and the emergency flashers were on... to be parked the car would have to be in "P" right?
NO.. but if you really feel the need to fight this thing go right ahead...it's not my money. If you win it will still cost more than just paying the ticket.

I'm glad you are still a student because that means you are still learning. As you grow you will understand the meaning behind things like: futility, net results, and which fights to fight and when to acquiesce.

Good luck
 

Curt581

Senior Member
mc2math said:
yeah, the transmission was still in "D" and the emergency flashers were on... to be parked the car would have to be in "P" right?
Wrong.

If a car is stopped, and no one is in the driver's seat... it is parked. I don't know what part of this concept is difficult to understand.

By your logic, a car with a stick shift would never be parked, since it doesn't HAVE a "P".

Anyone who would abandon a car with the transmission selector left in 'Drive' needs to have their head examined (or shoved into a woodchipper).

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HomeGuru

Senior Member
BelizeBreeze said:
I guess an automatic where the Parking gear doesn't work would also never be "Parked" :D

**A: the writer's brain is parked, but let's say that it has been an out of body experience.
 

sukharev

Member
And now, after all of the aces have spoken, here is what you can do: go to court or police station (whatever it says on the ticket), show them the receipt from gas station, and explain the story (you may indeed want to skip the "P" part). Whatever they decide, take it (anywhere from dismissal to lower fine).
 

justalayman

Senior Member
sukharev said:
And now, after all of the aces have spoken, here is what you can do: go to court or police station (whatever it says on the ticket), show them the receipt from gas station, and explain the story (you may indeed want to skip the "P" part). Whatever they decide, take it (anywhere from dismissal to lower fine).
Come on Sukharev...his first post stated he had already adm. review and some sort of initial hearing process. I understand your "right to fight don't don't just take it up the rear" and actually applaud you for it. What helps keep the system in check is people like you BUT this kid already said money is tight and it will cost him more to fight than accept whether that be through actual fines etc. or ancillary costs. He's in it just for the fight.

If he wants to fight that bad I have some friends in Iraq that could use his help!
 

mc2math

Junior Member
I left the transmission in drive because my car ran out of gas, i was in a panic (it had never happend to me before). I have already gone through all administrative proccesses and have shown gas station reciepts and photographs of gas gauge on car - which have been denied. If i can win this in court, I'll get both the court fees and the price paid for the ticket back, which is better then just paying the ticket (I already paid for it, as AB408 requires). Now, in order for this to be worth the while, there has to be a somewhat high chance that the judge will dismiss the ticket. My question isn't whether I should fight this or not, I have ALREADY gone this far, but if you think a judge will agree or not that the ticket was issued in error or that there were circumstances beyond my control... so what do you think?
 

Curt581

Senior Member
mc2math said:
I left the transmission in drive because my car ran out of gas, i was in a panic (it had never happend to me before).
Inoperative cars left in "Drive" can ROLL, Rocket Scientist !

What if you'd come back with a gas can and found the car in a ditch, or had rolled into an intersection and caused an accident?

Why am I wasting my time trying to convince you of anything?

Nothing that happens to you will ever be your fault or responsibility anyway. It'll always be because of some conspiracy by a nebulous entity called "The System", whose sole goal is to "keep you down".

:rolleyes:

I have already gone through all administrative proccesses and have shown gas station reciepts and photographs of gas gauge on car - which have been denied. If i can win this in court, I'll get both the court fees and the price paid for the ticket back, which is better then just paying the ticket (I already paid for it, as AB408 requires). Now, in order for this to be worth the while, there has to be a somewhat high chance that the judge will dismiss the ticket. My question isn't whether I should fight this or not, I have ALREADY gone this far, but if you think a judge will agree or not that the ticket was issued in error or that there were circumstances beyond my control... so what do you think?
I think you should fight this all the way to the US Supreme Court if necessary.

If nothing else works, claim you have ADHD, and weren't taking your meds.

:rolleyes:

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mc2math

Junior Member
Curt581 said:
Inoperative cars left in "Drive" can ROLL, Rocket Scientist !

What if you'd come back with a gas can and found the car in a ditch, or had rolled into an intersection and caused an accident?

Why am I wasting my time trying to convince you of anything?

Nothing that happens to you will ever be your fault or responsibility anyway. It'll always be because of some conspiracy by a nebulous entity called "The System", whose sole goal is to "keep you down".

:rolleyes:


I think you should fight this all the way to the US Supreme Court if necessary.

If nothing else works, claim you have ADHD, and weren't taking your meds.

:rolleyes:

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Oh come on, give me a break and lay down with the attitude. I'm asking you a serious question. Yes, I did make the mistake of leaving the car in drive but I was in a panic and it was the first time it every happend to me. Plus it was a street with no incline, I put the parking brake on and tires going into the curb... can someone just honestly answer my question without personal attacks? I'm not blaming ANYONE here, or trying to poke through the system. I just want to know if it's possible for me to not pay for a ticket I feel I honestly didn't deserve. If I parked on the wrong side of the street intentionally or absent-mindedly I'd consider just taking this ticket, but I could not move my car anywhere else, and in a unincorporated city with almost zero police presence, i feel that it is strange that my car was ticketed in less than 15 minutes after I left it in that position.
 
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