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Well, I received a parking ticket in the City of San Diego…

Customer Question
Well, I received a...

Well, I received a parking ticket in the City of San Diego for blocking my driveway. I'm aware that the code section CVC 22500(E) indicates that you can't block a driveway, even your own driveway. About a year before I moved into my apartment at this location, the city hired a private contractor to tear up the sidewalk and about a third of our driveway to install some bumpy yellow plates in the ground. When the work was finished and they poured the new cement, they added a curb!! Now we cannot drive into our driveway from the front because of the newly installed curb. We enter the driveway from the side which we can do because we are a corner house next to the alley. And everyone in the neighborhood parks up against the curb that used to be the front of our driveway but I got ticketed for it. My argument for dismissing the ticket is two-fold. I wasn't blocking the driveway because where I was parked is no longer the front of the driveway; and secondly why should I be penalized because the city's contractor made a mistake when they built the new sidewalk by putting in a curb where there had previously been no curb. My hearing is tomorrow - what do u think my chances are of getting the ticket thrown out? Thanks for listening. Stephanie

Lawyer's Assistant: Because traffic laws vary from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Do you need to appear in court?

Tomorrow is the Administrative Hearing on the Review of the ticket

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so. Thanks very much!

Submitted: 5 months ago.Category: Traffic Law
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Answered in 9 minutes by:
9/20/2017
Traffic Lawyer: Lucy, Esq., Lawyer replied 5 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Traffic Law
Satisfied Customers: 31,292
Experience: Lawyer. Former judicial law clerk. Worked for District Attorney's Office in Traffic Court.
Verified

Hi Stephanie,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Parking violations are strict liability offenses, so the reasoning for parking in front of a driveway unfortunately is not relevant. All they have to prove to find you in violation of the statute is that there a driveway there, and you parked in front of it. It's also not a defense that other people have parked there and not gotten caught, because police aren't expected to patrol constantly for parking violations.

If your car really wasn't in front of the driveway, that is a defense. It would help significantly if you have pictures from the day the ticket was issued, showing that no portion overhung any part of the driveway. That's what they're looking for. The curb shouldn't be part of the equation at all - they're just looking at whether the front or rear of the vehicle blocked any part of the driveway. If it didn't, then you should be able to get the ticket dismissed.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Customer reply replied 5 months ago
But my argument is that I wasn't parked in front of the driveway because where I was parked is no longer the front of the driveway. I wasn't blocking the driveway if where I was parked isn't the way you would enter and exit the driveway.
Traffic Lawyer: Lucy, Esq., Lawyer replied 5 months ago

If it's part of the driveway, it unfortunately doesn't make a difference whether it's the front or not. You'd have to be able to show that you weren't blocking the driveway at all.

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Traffic Lawyer: Lucy, Esq., Lawyer replied 5 months ago

Do you have any other questions about this?

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Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Traffic Law
Satisfied Customers: 31,292
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Experience: Lawyer. Former judicial law clerk. Worked for District Attorney's Office in Traffic Court.

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