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  1. #1
    drunknhik is offline Junior Member
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    Running out of gas

    Hi, I'm from NJ. Yesterday I got a ticket in NY for running out of gas. My car stopped right as I was entering the bridge for the outerbridge crossing w/b into NJ. Is this a moving violation. Is there any advice I have in fighting this ticket?
  2. #2
    HomeGuru is offline Senior Member
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    Quote Originally Posted by drunknhik
    Hi, I'm from NJ. Yesterday I got a ticket in NY for running out of gas. My car stopped right as I was entering the bridge for the outerbridge crossing w/b into NJ. Is this a moving violation. Is there any advice I have in fighting this ticket?

    **A: was there a hole in your gas tank? What was the reason you ran out of gas?
  3. #3
    CdwJava is offline Senior Member
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    Quote Originally Posted by drunknhik
    Hi, I'm from NJ. Yesterday I got a ticket in NY for running out of gas. My car stopped right as I was entering the bridge for the outerbridge crossing w/b into NJ. Is this a moving violation. Is there any advice I have in fighting this ticket?
    I imagine the cite wasn't for "running out of gas" but, instead, for obstructing traffic in some way.

    Running out of gas is a preventable situation. Chances are the officer was of the opinion that you should have seen the gas gauge was low and filled up much earlier. Your running out of gas on the bridge was a foreseeable and preventable consequence of your action. It would be similar to driving when you know the brakes were not working - you wouldn't be able to get out of responsibility by arguing that the brakes failed on you.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  4. #4
    drunknhik is offline Junior Member
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    I ran out of gas because I thought I had just enough to get me over the bridge where I was gonna call AAA.
    The exact wording of the citation on the ticket is "Running out of gas"
    I just called a lawyer who says he's never heard this before. If it will help the violation is sec 8 sub a5
  5. #5
    CdwJava is offline Senior Member
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    Quote Originally Posted by drunknhik
    I ran out of gas because I thought I had just enough to get me over the bridge where I was gonna call AAA.
    The exact wording of the citation on the ticket is "Running out of gas"
    I just called a lawyer who says he's never heard this before. If it will help the violation is sec 8 sub a5
    Really? Who would think that running out of gas would be a violation? It could be a local municipal code ... I can't find a NY or NJ code that fits the section you provided. Is that exactly what is written on the violation: "sec 8 sub a5"? or is there more? And is it written in a different way?

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  6. #6
    drunknhik is offline Junior Member
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    Sorry it's sec 81 sub a5
  7. #7
    CdwJava is offline Senior Member
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    Quote Originally Posted by drunknhik
    Sorry it's sec 81 sub a5
    It still doesn't conform to the NY state traffic codes I can find.

    You will have to contact whatever court this is out of and get a full citation for the violation if you want to find a way to defend it.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  8. #8
    drunknhik is offline Junior Member
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    In ny they don't tell what court it's coming from until you plead not guilty...
  9. #9
    You Are Guilty is offline Senior Member
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    My guess is you got cited for this:
    Quote Originally Posted by VTL
    1181. Minimum speed regulations. (a) No person shall drive a motor
    vehicle at such a slow speed as to impede the normal and reasonable
    movement of traffic except when reduced speed is necessary for safe
    operation or in compliance with law.
    Either way, you have no defense. "I didn't mean to" isn't going to hold water.
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.
  10. #10
    drunknhik is offline Junior Member
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    Well, it can't be that...I wasn't driving. My engine was off and my hazard lights were on
  11. #11
    You Are Guilty is offline Senior Member
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    OK, how's this one grab you?
    Quote Originally Posted by VTL
    1202. Stopping, standing or parking prohibited in specified places.
    (a) Except when necessary to avoid conflict with other traffic, or when
    in compliance with law or the directions of a police officer or official
    traffic-control device, no person shall:
    1. Stop, stand or park a vehicle:
    .....
    g. Upon any bridge or other elevated structure upon a highway or
    within a highway tunnel, unless otherwise indicated by official signs,
    markings or parking meters;

    But I think you'll like this one much more:
    Quote Originally Posted by PA Regs
    3.3 Stopping, Standing or Parking
    ...
    Vehicles shall not stop, stand or park upon vehicular except (a) when necessary to avoid injury to persons or property; (b) while paying tolls; (c) yadda yadda yadda; (d)when unable to proceed because of disability of the vehicle or operator...
    [url]http://www.panynj.gov/CommutingTravel/bridges/pdfs/green_book.pdf[/url]
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.
  12. #12
    qcxlvr1 is offline Member
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    He wrote "running out of gas" on the actual New York State Uniform Traffic Ticket? Frankly, if I was the judge, I would toss the ticket based on that.

    What agency was this officer with? SP...PA? Did he give you a supporting deposition? Either way, it is not against the law to run out of gas. It is against the law to obstruct traffic, but running out of gas--no.
  13. #13
    drunknhik is offline Junior Member
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    That's exactly what he wrote on the ticket: "Running out of gas". I believe he was from the PA.
  14. #14
    drunknhik is offline Junior Member
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    btw, just out of curiosity's sake...seeing as that I'm from NJ, what would happen if I ignore the ticket?
  15. #15
    ismellbacon is offline Junior Member
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    Quote Originally Posted by You Are Guilty
    My guess is you got cited for this:


    Either way, you have no defense. "I didn't mean to" isn't going to hold water.

    Amazing. A cop actually writes an impeding traffic ticket but its to someone who runs out of gas instead of the joker in the left lane going 55 in a 65 while bottle necking.
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