• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

too close to fire hydrant

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

F

froth17

Junior Member
What is the name of your state?I just received a parking ticket in Los Angeles last week. It was VC 22514. Parking too close to a fire hydrant

Here's my problem:


I saw the fire hydrant, and I parked a good distance in front of it while my friend parked the same distance behind the fire hydrant. When we came back a few hours later, I had a ticket on my car and my friend did not. It said I parked closer that 15ft from the fire hydrant. I and my friend were both at least 15 feet away from the hydrant, I got a ticket and she didn't get one. This hydrant was NOT marked with a red zone indicating the 15 feet. I didn't have a camera on me that night, but I went back and took some pictures. Are those admissable in court? I will be requesting an administrative hearing by phone tomorrow. What should I know? any advice or help would be GREATLY appreciated. Do I have a good case? Help!
 


Y

You Are Guilty

Senior Member
And how to you think photographs will help you in a phone hearing?

Take your pictures (which I'm sure show your car with a tape measure to the hydrant that is more than 15', plus wide angle shots showing the exact location (block) where the hydrant is located) and request either an in-person hearing or one by mail, and submit your evidence.

Incidentally, if any part of your defense was going to be "but she didn't get one," if I were you, I'd leave that out.
 
H

HomeGuru

Senior Member
You Are Guilty said:
And how to you think photographs will help you in a phone hearing?

**A: maybe the writer's cellphone has a neat camera feature and with a press of a button he could email the photo..........of the dog taking a leak on the fire hydrant.
Click to expand...
 
S

seniorjudge

Guest
If you are parked in a no/prohibited parking zone, then you are guilty of parking in a no/prohibited parking zone, even if (insert your explanation here).
 
Y

You Are Guilty

Senior Member
I don't know about CA, but I do know the hydrants here have this sneaky tendency to get up and walk a few steps closer to the nearest parked car when no one is looking. That, and there are also these aliens who use the tractor beam from their ship to slide your parked car a few feet closer to the hydrant when a traffic agent walks past and then moves it back into place once they write the ticket. It's all a big scam.
 
H

HomeGuru

Senior Member
You Are Guilty said:
I don't know about CA, but I do know the hydrants here have this sneaky tendency to get up and walk a few steps closer to the nearest parked car when no one is looking. That, and there are also these aliens who use the tractor beam from their ship to slide your parked car a few feet closer to the hydrant when a traffic agent walks past and then moves it back into place once they write the ticket. It's all a big scam.
Click to expand...
**A: so that explains it!
 
CdwJava

CdwJava

Senior Member
froth17 said:
I saw the fire hydrant, and I parked a good distance in front of it while my friend parked the same distance behind the fire hydrant. When we came back a few hours later, I had a ticket on my car and my friend did not. It said I parked closer that 15ft from the fire hydrant. I and my friend were both at least 15 feet away from the hydrant, I got a ticket and she didn't get one. This hydrant was NOT marked with a red zone indicating the 15 feet. I didn't have a camera on me that night, but I went back and took some pictures. Are those admissable in court? I will be requesting an administrative hearing by phone tomorrow. What should I know? any advice or help would be GREATLY appreciated. Do I have a good case? Help!
Click to expand...
The curb does not need to be painted red to be restricted. There are also no signs that say you can't park facing the wrong way or more than 18" from the curb either, but you can't.

Also, the fact that your friend did not get a ticket will not make a difference in your situation.

Here is the text of CVC 22514:

22514. No person shall stop, park, or leave standing any vehicle
within 15 feet of a fire hydrant except as follows:
(a) If the vehicle is attended by a licensed driver who is seated
in the front seat and who can immediately move such vehicle in case
of necessity.
(b) If the local authority adopts an ordinance or resolution
reducing that distance. If the distance is less than 10 feet total
length when measured along the curb or edge of the street, the
distance shall be indicated by signs or markings.
(c) If the vehicle is owned or operated by a fire department and
is clearly marked as a fire department vehicle.

And what exactly will you state as a defense? Your only real defense would be to argue that you were NOT within 15' of the hydrant. If that's the case, then you might be able to successfully contest it ... but, if the officer took a picture or measured it, then you might be out of luck.

On the rare occasion I write a parking ticket like that, that's precisely what I do - take a digital picture of the vehicle and measurement. But, chances are it was issued by a parking enforcement officer and they did not do much to obtain evidence, so you may be able to prevail.

On an interesting side note, I HAVE seen what happens when the hydrant needs to be used and there are cars parked there ... they get chopped open, the leaky hose runs through the now open doors, AND the driver gets several tickets, his vehicle impounded AND has to pay for the damage done to his vehicle out of pocket.

- Carl
 
S

seniorjudge

Guest
"...Your only real defense would be to argue that you were NOT within 15' of the hydrant. If that's the case, then you might be able to successfully contest it ... but, if the officer took a picture or measured it, then you might be out of luck...."

Of course, it is a tad difficult to prove that you did not move your car BEFORE you took the pix!
 
CdwJava

CdwJava

Senior Member
seniorjudge said:
"...Your only real defense would be to argue that you were NOT within 15' of the hydrant. If that's the case, then you might be able to successfully contest it ... but, if the officer took a picture or measured it, then you might be out of luck...."

Of course, it is a tad difficult to prove that you did not move your car BEFORE you took the pix!
Click to expand...
Well, there is that. :)

- Carl
 
Y

You Are Guilty

Senior Member
Carl: You mean this?
:D Looks like a CA plate, too.



SJ: Absolutely true, but barring any contrary evidence from the issuing officer, the picture-taker's statement that the picture was taken at the time of the offense is sufficient "proof" of the issue. Otherwise, to bar such pics would make the ticket indefensible as there really is no other way to illustrate one's innocence.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top