How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Lady Themis Your Own Question

Lady Themis
Lady Themis, Attorney
Category: Traffic Law
Satisfied Customers: 7751
Experience:  Experienced in the practice of law.
11297241
Type Your Traffic Law Question Here...
Lady Themis is online now
A new question is answered every 9 seconds

hi, my wife received a parking ticket at 12am in the morning

Resolved Question:

hi,

my wife received a parking ticket at 12am in the morning for blocking a private driveway; however, i took a picture of it at 5 am in the morning on our waqy to the gym. she wasnt blocking the driveway at all. not to mention that there is a structure and fence where they claim she was blocking. in addition, the actual active driveway is about 20 feet away. i want to motion to dismiss the ticket and attach the photo. what case laws apply for defenses. thank you.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Lady Themis replied 1 year ago.
Thank you for your question. This area of traffic law is governed by little, if any, caselaw. These matters are generally determined based strictly on the statute and the factual circumstances. What statute was she cited under?
Customer: replied 1 year ago.

Hi,


 


I am sorry but did you get my last response?

Expert:  Lady Themis replied 1 year ago.
No, I apologize, but I did not. If you could possibly retype it, we can continue.
Customer: replied 1 year ago.

she was cited under vehicle traffic law 1202(A)2A

Expert:  Lady Themis replied 1 year ago.

Thank you. For your reference, that statute states in pertinent part:

" 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:...
Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers: a. In front of a public or private driveway;"


It would be a defense to this traffic violation if you can prove that your wife actually was not parked in front of the driveway. It is basically your word (or your wife's word actually) against the officer's, except that you also have the photograph to prove this. The prosecutor may consider whether you may have moved the vehicle in between the ticket being issued and the photograph being taken. That is where your testimony comes in.

I hope this helps. Unfortunately this issue is not governed by caselaw.

NOTICE: It is my sincere goal to answer the question you have posted to your satisfaction. Please reply for follow-up information or clarification, which I am happy to provide. I am not compensated for my time in any fashion until you RATE MY SERVICE or ACCEPT the answer when prompted. Otherwise, the site retains your funds and I receive nothing. Thank you.

Customer: replied 1 year ago.

what is the point of taking a picture then. isn't a picture worth a thousand words. I took the picture on the phone.

Customer: replied 1 year ago.
Relist: Answer quality.
Expert:  Lady Themis replied 1 year ago.

I'm sorry to see that you rated by service "bad," as that affects my ratings and means that I am not compensated by the site for my time in researching and responding to your question.

The picture is good evidence. The potential problem is the lapse of time between when the ticket was issued and the when picture was taken. It could be argued that the car was moved. That is not to say that will be a successful argument; it is just one hole the prosecution can poke in your defense.

Customer: replied 1 year ago.

okay, but the opposite can happen as well. how do I know that the ticket agent didn't just maliciously give me a ticket. doesnt he or she need to take a picture as well? ticket issued at 12:21 am and we noticed it at 5am.

Expert:  Lady Themis replied 1 year ago.
Right, you can certainly argue that the car was not moved, and that was the position of the car when the ticket was issued. The court can certainly accept this argument and dismiss the ticket.

It is possible that the ticket was issued wrongfully or maliciously. The ticketing agent is not required to photograph the car, no. Failure to do so strengthens your argument, because you have both your own testimony and the photograph on your side.
Lady Themis, Attorney
Category: Traffic Law
Satisfied Customers: 7751
Experience: Experienced in the practice of law.
Lady Themis and 12 other Traffic Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Attorney

    Satisfied Customers:

    314
    Private practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Attorney

    Satisfied Customers:

    314
    Private practice
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    304
    Run my own practice.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    251
    Licensed Attorney with 27 yrs. exp. with Traffic Law issues
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    188
    I have more than 25 years experience in the practice of law, including representation of clients in Traffic Court.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    181
    JD, 16 year experience including traffic law.
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Counselor at Law

    Satisfied Customers:

    157
    Licensed Attorney
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    155
    20 years practicing traffic law.