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Old 01-18-2007, 12:36 AM
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Parking on the sidewalk


What is the name of your state? New York...upstate...city of Rensselaer

My daughter, who was 5 months pregnant, was asked by a friend to come pick her up at a party because she needed a ride home from someone who was not drinking. While she was inside picking her friend up, the police pulled up and ticketed her car, along with a few others for parking on the sidewalk...and whatever else they could find. This was on a side street where there are no curbs and her right rear tire was partly on the dirt/grass area between the street and a poured sidewalk. The front right tire was completely in the road. Before the ticket for her car was written, she asked if she could just get in her car and be on her way. Not only did she receive the ticket but she was told by the police officer that her car was going to be towed away and "to get walking"! I was later told by the tow truck driver that although she was technically on the sidewalk, her tire was on it by about 3 inches and in his opinion, the police were just harassing the people at the party because there were complaints about noise. Does anyone know if the police were out of line by not allowing my daughter to get in her car and drive home? And if so, what recourse does she have since it cost her $120 do get her vehicle back, not to mention the fine for the ticket.What is the name of your state?
   
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Old 01-18-2007, 12:52 AM
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Sounds like everything went down within the law. Try keepiig your preggo daughter away from partires, so she can have a healthy baby.
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Old 01-21-2007, 01:22 PM
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She wasn't at the party but went there to give a friend a ride home who WAS partying. Get the facts straight before you give advice.

Last edited by m martin; 01-23-2007 at 01:54 PM.
   
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Old 01-21-2007, 01:33 PM
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If the vehicle was parked on the sidewalk in violation of the local ordinance or state law, then a citation was certainly permissible. Whether it could have been legally towed or not really depends upon the impound authority cited. You will have to ask the agency or the tow company for the authority section used by the police to justify the seizure of the vehicle. I my state this would not have been permitted based solely on the circumstances as you describe. However, there may have been some justification under state or local law.

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