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Lady Themis
Lady Themis, Attorney
Category: Traffic Law
Satisfied Customers: 7751
Experience:  Experienced in the practice of law.
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hi, my wife received a parking ticket at 12am in the morning

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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.
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 4 years ago.



I am sorry but did you get my last response?

No, I apologize, but I did not. If you could possibly retype it, we can continue.
Customer: replied 4 years ago.

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.

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Customer: replied 4 years 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 4 years ago.
Relist: Answer quality.

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 4 years 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.

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.
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