Ticketed for pulling over dropping off passanger

[MichelleMichell]

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

Tonight I was driving in Hollywood on Wilcox to drop a friend to his car, parked on Wilcox. His car was parked to my right side so I simply pulled over and in front of his vehicle to let him out. I was three feet from the curb, my foot on the brake, car still in drive. Within seconds a police office shines his high beam lights. I was not sure what to do at that point, unaware why a police officer would shine lights on me. The passenger who was about to exit, confused also, now remained in the car. The officer then approacehed me. He asks me "What are you doing?" Completely shocked at this reaction from me pulling over I, frustratedly, respond. "Im dropping him to his car"
“Well, you are parked several feet from the curb.”
“Im not even yet parked. I just pulled up to this point in front of his car just this moment”
“Put your car into park. Licence, registration, insurance”
“What? You’re giving me a ticket for stopping here at his car to drop him off? Are you serious?”
“You are in the middle of the road blocking traffic”
“Im pulled up as close to the curb as I could get without backing up because he is simply getting out of the car. There is no reason to park alongside the curb since Im not parking the car. Nor am I in the middle of the road, nor is there traffic. Now you are clearly picking on me because I didn’t move when you shined your lights on me”
“You are three feet from the curb”
He then leaves to issue me a ticket. I get out of my car, take the best pictures I could with my cell phone showing how far from the curb I am.
Ten minutes later he gives me a ticket 22400 and also a ticket for no plates. Completely upset at realizing he is looking for anything he can on me I tell him:
“Dmv only provided me plates as of yesterday”
He waives my registration at me referring to the plate number issued on my registration.
I respond again, “Yes, exactly, the dealership, whom I work for, and dmv had problems getting my plates issued. I had my resigtration given to me because I had to go to the dmv myself to correct the dealreships mistake since the dealership closed down. The plates were only available as of yesterday which I JUST picked them up”
“Then why aren’t they on your car?”
“ I just picked them up YESTERDAY. Im not able to put them on my car by myself”
“Why not”
“Are you serious?! Because I don’t have the strength or the tools! I made an appointment with a dealership to do it next Tuesday which DMV gave me a temp registration good until Sept 30, 2009 to excuse driving without plates since plates were not yet provided for me”
“Sign here, you are not signing that you are guilty”
“You are clearly taking advantage of your job searching for something on me because Im not talking to your liking.”
Words are words but behavior should also be considered. I did not move my car when he shined lights on me. Rather than simply tell me I need to move using a bullhorn or even pulling up along side of me, he approaches the car questioning me. I am in drive pulled over to the side of the road clearly vehicle still running with brake lights on as my foot was pressed on the brake. I was not nice and friendly to the officer when he approached me. Ticketing me for pulling over to the curb a few feet away then ticketing me for plates that were in no way of my control is clearly abusing his position.

Are there lawyers to help us fight this? Or do we have to take this because they are simply giving the power so their word is stronger than ours even when we are doing NOTHING wrong?
Very frustrated
MichelleWhat is the name of your state (only U.S. law)?

[The Occultist]

You're not allowed to stop in the middle of the road, if that's what you're asking.

[davew128]

"The plates were only available as of yesterday which I JUST picked them up”
“Then why aren’t they on your car?”
“ I just picked them up YESTERDAY. Im not able to put them on my car by myself”
“Why not”
“Are you serious?! Because I don’t have the strength or the tools!

I can see how using a flathead or phillips screwdriver for all of five minutes would be difficult.

[CdwJava]

Yes, there are lawyers to help you fight this. You can search this sie using the box to the right of the screen, or, look in the Yellow Pages.

You are not supposed to stop in the middle of the road AND you are required to have plates mounted on the car - two of them.

Here is 22400(a) ...

22400. (a) No person shall drive upon a highway at such a slow
speed as to impede or block the normal and reasonable movement of
traffic unless the reduced speed is necessary for safe operation,
because of a grade, or in compliance with law.
No person shall bring a vehicle to a complete stop upon a highway
so as to impede or block the normal and reasonable movement of
traffic unless the stop is necessary for safe operation or in
compliance with law.

It would appear you were in violation of the statute unless there was absolutely no traffic on the street behind you. And CVC 22502 says ...

22502. (a) Except as otherwise provided in this chapter every
vehicle stopped or parked upon a roadway where there are adjacent
curbs shall be stopped or parked with the right-hand wheels of such
vehicle parallel with and within 18 inches of the right-hand curb,
except that motorcycles shall be parked with at least one wheel or
fender touching the right-hand curb. Where no curbs or barriers
bound any two-way roadway, right-hand parallel parking is required
unless otherwise indicated.

So you also failed to comply with that as well.

If you wish to contest the citation, you plead "not guilty" at arraignment and then attend the court date the court sets for you. I am not sure what argument you will make, but it sounds like a "guilty, with an explanation" sort of deal.

- Carl

[MichelleMichell]

Thank you Carl and others for your responses. I see multiple times you are stating one is not allowed to stop in the middle of the road. This was a very wide and quite residential street. I am going today to measure it. I pulled over three feet from the curb when coming to a stop. I was not in the middle of the road. I took photos. To drop off a passenger shall I have searched for parking blocks away to drop off the passenger to his car? Every driver who stops to drop a passenger off in front of their residence or location is then committing a crime? If so, then this law is quite questionable as there are usually no options given to drop off a passenger. Or is this a way of an officer abusing his position? Not far from Hollywood Blvd, friday night, crowed. Im a single older woman in comparison dropping of my colleague after our work. I drive a black Jaguar. He shines a strong light on me. I dont move, unclear why he is doing this. I see he did not like that. Then it starts...

Im cited 22400 and 4000

4000 states vehicles MUST be registered. My is registered. My plates werent on only because I just picked them up yesterday. However I dont see anything under 4000 about plates. Only vehicle must be registered.

As for the davew128 - Yes it is difficult for some people to put plates on depending on the car
1. Im an older single woman with my right hand disabled, I am right handed. I have no one to help me unless I pay someone
2. On a jaguar the plates are bolted in which requires a more powerful tool than my hand and a butter knife to undo and rebolt the plate.
3. When I received my plates YESTERDAY I then made an appointment with the jaguar dealership to have them put it on. Yes, I must pay to do this because Im not able to.
4. My temp registration displayed in my windshield is good until Oct 2009 which then allows me to drive without hard plates displayed.

Lets face it people. Sometime people out there take advantage of their position if you dont kiss up to them.
Had I smiled and said "Oh Im so sorry officer" Im SURE there would have been a different outcome. Facts are facts but there are more to the black and white parts of any situation. This is his practice, his field of work, so he clearly knows how to cite any situation to make him look right, and me guilty. My friend, an LAPD officer, told me " I can pull over ANYONE and find something to site far. Its not that hard. But I dont do that, as easy as it is"

My father is a criminal defense lawyer for 40 years. He told me today after this incident "When an officer pulls you over you pretty much have to kiss up to him, or he will find anything to ticket you for. There are plenty of laws written that forces one to 'commit a violoation' In your case, no designated drop off place forces you to drop a person off to their car or residence which puts you three feet from the curb. That can be a violation even though there were no other options"

Do I have zero chance to fight this then? No matter what laws, rules, anything, I was clearly picked on because HE COULD.
Upset
Michelle

[Kiawah]

Pay your tickets, if I was the judge you'd get no sympathy from me. If you are too lazy to put the plates on your car, or ask anybody else to do it for you , then you shouldn't have driven. My mother is 89 with arthritis that has deformed her grip, she put her plates on.

You should have expected a ticket by driving around without plates, and I would have been disappointed if the LEO didn't give you one. Your vehicle would stand out without a plate on it, and would have been an officer magnet.

Thanks for contributing to the states bank account, it helps to keep the taxes lower for us law abiding citizens.

[CdwJava]

Originally Posted by MichelleMichell

Thank you Carl and others for your responses. I see multiple times you are stating one is not allowed to stop in the middle of the road. This was a very wide and quite residential street.

The section does not allow you to stop in the traffic lane if the road is wide. Sorry.

To drop off a passenger shall I have searched for parking blocks away to drop off the passenger to his car? Every driver who stops to drop a passenger off in front of their residence or location is then committing a crime?

In theory, yes.

If so, then this law is quite questionable as there are usually no options given to drop off a passenger.

If you have ever tried to drive in San Francisco, you will understand why this law needs to be enforced. Everyone will be stopping "Just for a second" to drop someone off, to wait for them, or to pick them up. The standard has to be drawn somewhere. Once you say its okay for dropping people off, does it end there or do you add other exceptions?

Certainly, the chief of police or the head of the parking authority (if they are also issuing these cites) can tell their people to ignore the law on this, but that is a political decision that I believe few executives will take.

4000 states vehicles MUST be registered. My is registered. My plates werent on only because I just picked them up yesterday. However I dont see anything under 4000 about plates. Only vehicle must be registered.

He cited you for the wrong section, so you should easily be able to prevail on that one. He should have cited you for CVC 5200(a). This is one that you can win on quite handily ... unless he amends the citation prior to court.

Also note that the temporary registration does not grant you permission NOT to have the plates mounted. CVC 5200 states that if they have been issued - and you admit they had - they SHALL be attached to the vehicle.

The 22400 offense will be difficult to beat unless you can successfully articulate to the court that there was no traffic to block or impede. But, if the officer or anyone else was behind you for a half a block or so, then I suspect you were impeding traffic. You might prevail, you might not. I suspect not (unless there was no traffic anywhere). On the other hand, a judge may show mercy to you if you do the old, "Yes, I did it, but here's why ..." thing. Probably not, but that is possible.

- Carl