Have Traffic Law Questions? Ask a Traffic Lawyer Online.
I am sorry but did you get my last response?
she was cited under vehicle traffic law 1202(A)2A
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.
what is the point of taking a picture then. isn't a picture worth a thousand words. I took the picture on the phone.
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.
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.