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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 111605
Experience:  Attorney with over 24 years of law and traffic law
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I am a visiting therapist at the school where I was

Customer Question

I am a visiting therapist at the school where I was ticketed. They keep their parking lot locked/not accessible to non-Lausd employees, so the Principal, Daniel Molia, told me that I may park on the street in front of a driveway that they keep closed permanently. This driveway has a short red zone as part of it. My understanding of related code is that one may park in front of such closed driveways, and that since the red zone I was ticketed in violation of, was part of that driveway, it is a "non-functioning red zone", and so not ticketetable. Am I right?
Submitted: 1 year ago.
Category: Traffic Law
Customer: replied 1 year ago.
The previous is the statement I was planning on using to counter the ticket, on the city of LA website for contesting the tickets; is it appropriate?
Expert:  Phillips Esq. replied 1 year ago.

Regrettably, your argument may not be persuasive. Your situation does not fall under the exceptions for parking in a red zone. See California Vehicle Code Sections 21458 and 22500.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=21001-22000&file=21450-21468

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=22001-23000&file=22500-22526

Customer: replied 1 year ago.
You did not say whether or not it is illegal to park in front of an abandoned driveway, and it isn't addressed in the sections you posted. What then is an appropriate response, for me to try to get leniency or dismissal?
Expert:  Phillips Esq. replied 1 year ago.

I am sorry that I was not clear. It was implied in my response. You cannot park in "abandoned driveway." However, that does not mean that you cannot make the argument that the driveway was not functional and thus you should not be ticketed. I only indicated that it may not be persuasive.

Customer: replied 1 year ago.
Do you have a more persuasive argument that I may use?
Expert:  Phillips Esq. replied 1 year ago.

I really do not. So, I will op out and give another Attorney the opportunity to further assist you.

Goodluck with your case,

Customer: replied 1 year ago.
I have edited my response to LA city parking as follows; please forward it to the one who you refer me to.
"I am a visiting therapist at the school (Columbus Ave Elem) where I was ticketed. They keep their parking lot locked/not accessible to non-Lausd employees, so the Principal, Daniel Molia, told me that I may park on the street in front of a driveway that they keep closed permanently. This driveway has a short 'shoulder' red zone as part of it. My understanding of related code is that one may park in front of such closed driveways, and that since the red zone was part of that driveway, it is a "non-functioning red zone", and so not "ticketetable". Even if not technically absent, there are extenuating circumstances, as this is the only parking that is commonly available in the whole block, and as the MH therapist serving this school 2 days a week to serve kids, with trauma, severely depressed, or similar issues. As well, there has been in place many years of precedent in place; parents daily drop off and pick up kids, standing in that same red zone without being ticketed."
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am a different contributor.

If you have the principle telling you that you could park in that closed off driveway, then you need to include a signed affidavit from the principle stating the driveway belongs to the school and he is in charge of the school. The affidavit would explain that the driveway is not used and you were given permission to put your vehicle there temporarily on your visits. The permission from the school and acknowledgment that the driveway is not used would be the persuasion you would need to convince them to dismiss the citation.

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