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  #1  
Old 09-24-2009, 04:44 AM
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Join Date: Sep 2009
Posts: 3

Ticket for parking "ahead of setback line"


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

I live in a small townhouse. There is a small, cement driveway to the left of the house that is large enough for one car. Unfortunately, both me and my roommate have cars. To solve this issue, we have taken turns parking our cars one on the driveway and the other just to the right of the driveway. We are not parking on the lawn--there is no lawn, it is solid dirt.

We have had this arrangement for the last month without any issues. Then, yesterday, I received a ticket for parking "ahead of the setback line". I looked through the city ordinances and found that one is not allowed to park ahead of the setback line (which is a line drawn parallel to the street from the front of the house) unless you are parking on a driveway.

I managed to get a copy of the property diagram, and according to the diagram, the actual defined "driveway" extends 5.5 feet to the right of the cement.

I drive a tiny car (pontiac sunfire) and the car was parked at an angle. The right, front end of the car was probably more than 5.5 feet past the cement, but not by much (perhaps a foot or two at most).

Should I try and appeal? What should I say? Do I have any chance of getting the ticket over turned? I could re-create the scene and take a picture, but I don't think that helps, and I know for a fact that the officers here don't take pictures.

Advice?
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  #2  
Old 09-24-2009, 04:51 AM
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Join Date: Sep 2009
Posts: 17
Did you take a picture of the vehicle where it was at when you received the citation? Did you receive the citation in person or was it left on your windshield? If you have been doing this for a month then it sounds like someone in your neighborhood may have made a parking complaint. If you feel strongly about it take the citation to court and explain your side of the story and see what that traffic judge says. Also you cannot be certain that a picture or video was not taken at the time of the infraction unless you were standing there. Good luck.
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  #3  
Old 09-24-2009, 10:22 AM
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Join Date: Jan 2005
Posts: 21,655
Quote:
Originally Posted by justsomecop View Post
Did you take a picture of the vehicle where it was at when you received the citation?
Unless he has a pic of the car AT THE MOMENT that it received the ticket in question, a pic won'd do any good.
Quote:
Did you receive the citation in person or was it left on your windshield?
Does it matter?
Quote:
If you have been doing this for a month then it sounds like someone in your neighborhood may have made a parking complaint.
Or, perhaps this was the first time parking enforcement noticed
Quote:
If you feel strongly about it take the citation to court and explain your side of the story and see what that traffic judge says.
I can predict it will be a one-word reply.
Quote:
Also you cannot be certain that a picture or video was not taken at the time of the infraction unless you were standing there.
But, our OP ADMITS to violating the law.

Quote:
Good luck.
Yes, good luck might help him prevail...because he obviously broke the law and has admitted it.
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