Fly by ticket in red zone

[NoSoupForYou2]

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

Got a fly by ticket(ticket was mailed and not attached to the vehicle) for parking in a red zone in Oakland, Ca, Yes I know I'm technically guilty but was picking up a passenger at the time. What is the likelyhood of getting ticket dismissed as there are two issue with the ticket.

1) Wrong location on the ticket. Address on the ticket is 1200 19th ave but actual address is 1400 19th Ave.

2) Ticket was not mailed in a timely manner. Since it was a fly by ticket, it was supposed to mailed to me within 15 calendar days. CA VC 40202(d). Was mailed in 24 calendar days.

"If, during the issuance of a notice of parking violation, without regard to whether the vehicle was initially attended or unattended, the vehicle is driven away prior to attaching the notice to the vehicle, the issuing officer shall file the notice with the processing agency. The processing agency shall mail, within 15 calendar days of issuance of the notice of parking violation, a copy of the notice of parking violation or transmit an electronic facsimile of the notice to the registered owner."

 

[HighwayMan]

Is there a red curb at 1200?

Why are you asking here if there is a chance at dismissal? Go adjudicate the ticket and see what happens.

 

[NoSoupForYou2]

Is there a red curb at 1200?

Why are you asking here if there is a chance at dismissal? Go adjudicate the ticket and see what happens.

Yes there is a red zone at 1200. I guess I meant my chances to beat the ticket or get it dismissed because of the error, before I contest it. Thanks

 

[not2cleverRed]

Yes there is a red zone at 1200. I guess I meant my chances to beat the ticket or get it dismissed because of the error, before I contest it. Thanks

Was there a red zone where you actually were, 1400?

 

[NoSoupForYou2]

Was there a red zone where you actually were, 1400?

Yes. I was in a red zone at 1400 while picking up a passenger.

 

[Zigner]

Where you just sitting there, or was the passenger actively entering the car? What was the actual code section you are charged with violating?

 

[NoSoupForYou2]

Where you just sitting there, or was the passenger actively entering the car? What was the actual code section you are charged with violating?

I was parked for maybe a minute but i pretty sure when the officer saw me passengers were actively entering the vehicle.

code was

10.40.020A , which is below.

Curb markings to indicate no stopping and parking regulations.

A. The Traffic Engineer is authorized, subject to the provisions and limitations of this title, to place, and when required herein shall place, the following curb markings to indicate parking or standing regulations, and said curb markings shall have the meanings as herein set forth:
1. Red. Red shall mean no stopping, standing or parking at any time except as permitted by the Vehicle Code, and except that a bus may stop in a red zone marked or signed as a bus zone.

 

[not2cleverRed]

I was parked for maybe a minute but i pretty sure when the officer saw me passengers were actively entering the vehicle.

code was

10.40.020A , which is below.

Curb markings to indicate no stopping and parking regulations.

A. The Traffic Engineer is authorized, subject to the provisions and limitations of this title, to place, and when required herein shall place, the following curb markings to indicate parking or standing regulations, and said curb markings shall have the meanings as herein set forth:
1. Red. Red shall mean no stopping, standing or parking at any time except as permitted by the Vehicle Code, and except that a bus may stop in a red zone marked or signed as a bus zone.

You were not moving at the time your passengers were actively entering the vehicle. That would mean that you were "stopping, standing, or parking" - you admit you were parked, by definition, passengers entering(or exiting) you vehicle is standing. It does not matter how long you were there. Stopping, standing, or parking for *any* amount of time is a violation.

You admit you were in a red zone while doing this.

Saying, "I committed the violation, just not where it's stated on a ticket" is not a defense.

Was the notice postmarked 24 days after the violation, or was that just the date that you received it in the mail?

 

[NoSoupForYou2]

Was the notice postmarked 24 days after the violation, or was that just the date that you received it in the mail?

The mail date is actually on the "notice of parking violation" there is no postmark as is was mailed presorted first class.

Also was not going to admit guilt, but was going to state not guilty of parking at a red zone at 1200.

 

[Zigner]

The mail date is actually on the "notice of parking violation" there is no postmark as is was mailed presorted first class.

Also was not going to admit guilt, but was going to state not guilty of parking at a red zone at 1200.

You're going to lose. Just really.