Author Topic: legal question  (Read 1471 times)

Offline Zigrat

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legal question
« on: May 12, 2003, 08:22:03 PM »
ok i was at the airport, stopped for 1-2 minutes (less than 1 song played) in a "no parking" zone because my friend says she is getting off the train to the terminal now. some cop comes up and gives me a ticket for parking! my engine was on, i am in the car.. how the hell am i parked? I told this guy my firend was just on her way out and he acts like an arrogant ******* and asks me if i cant read the sign. i said there was no "no stopping" sign, just no parking and i wasnt parked. he gives me the ticket and walks away. he could have just explained to me that i had to move, but he gave me a ticket.
i ****ing hate arrogant cops.

Offline Mini D

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legal question
« Reply #1 on: May 12, 2003, 08:52:32 PM »
Welcome to post 9/11.  Read the signs at the airport bud... they have a whole new level of importance.

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Offline Sikboy

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Re: legal question
« Reply #2 on: May 12, 2003, 09:00:04 PM »
Quote
Originally posted by Zigrat

i ****ing hate arrogant cops.


Probably as much as the cop hates ignorant drivers lol.

Hey, if you think you have a case, take a day off when it goes to court. It's a fun use of a day and a rewarding civic lesson that will stay with you forever.

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Offline Zigrat

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legal question
« Reply #3 on: May 12, 2003, 09:20:00 PM »
i read the sign, it said no parking, not no stopping. if they dont want people stopping they should say that. i am going to court, but it is stupid for me to dispute it they make me go 2 times to the courthouse, once to say i will go to court, once to actually go. why not just let me dispute and set appointment over the phone? with moving violations they let you do this but not with parking i guess.

Offline Bodhi

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« Reply #4 on: May 12, 2003, 09:20:17 PM »
Zigrat,

Call an attorney specializing in traffic / driving violations, and ask him/her via the phone, or actually go in to see the person.  Most consultations are free, and it could be rewarding to you, or make you just want to pay the fee....  my bet is that you can get out of it, unless you sat there more than 5 minutes.  Be careful on that as they use video surveillance quite extensively now, and thats probably what tipped him off to you sitting there waiting.

Good luck, and ignore the salamanders.
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Offline Maverick

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« Reply #5 on: May 12, 2003, 09:23:17 PM »
Zigrat,

This is a whine par excelance!!!!! You stopped and let your vehicle remain in a no parking area. That means no parking including while the vehicle is occupied. You admit you remained there, just suck it up and learn from it. It's part of being responsible for your actions.
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Offline Sandman

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legal question
« Reply #6 on: May 12, 2003, 09:47:08 PM »
Depends on where you are, I guess. In some areas, "No parking" also means "No standing."
sand

Offline Zigrat

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« Reply #7 on: May 12, 2003, 09:48:16 PM »
i am responsible. i can tell you that in my head no parking to me did not mean no stopping. i have seen no stopping signs in use around the country.

see the new york state DMV page: http://www.nydmv.state.ny.us/dmanual/chapter07-manual.htm

quote:
PARKING REGULATIONS
What people generally understand as "parking" is legally divided into three categories: parking, standing and stopping.

A NO PARKING sign means you may stop only temporarily to load or unload merchandise or passengers.

A NO STANDING sign means you may stop only temporarily to load or unload passengers.

A NO STOPPING sign means you may stop only in order to obey a traffic sign, signal or officer, or to avoid conflicts with other vehicles.

Besides posted parking, standing and stopping rules, there are statewide rules not always indicated by signs:


that is what i was doing. i am gonna go to court, i bet the cop won't even show up. please note i dont think all cops are arrogant or bad, far from it, but obviously this guy just had a bad day.

Offline Sandman

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« Reply #8 on: May 12, 2003, 09:50:26 PM »
I've never seen one of those "No stopping" signs except for military bases in the vicinity of weapons magazines.
sand

Offline Mini D

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« Reply #9 on: May 12, 2003, 10:01:59 PM »
Question for you zigrat...

If there would have been a parking meter there would you have pulled up to it, stopped at the spot and just sat there, or would you have got out and fed the meter?  I mean... if you weren't really parking, you wouldn't really have to feed a parking meter.

Parking is the act of stopping your car and waiting.  It always has been, it always will be.  If your defense consists of "I was sitting there waiting for..." you have lost.

No stopping signs mean that you can't even pull over to let someone into the car.  No stopping at all.

The "driver waiting in car for 5 minutes" rule is not part of the parking laws... its an exception... that's why the signs were there for it.  Once the signs allowing the exception are gone... so is the exeption.

MiniD

Offline CHENAULT

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legal question
« Reply #10 on: May 12, 2003, 10:44:20 PM »
I work at an airport, dude. Believe me, these signs leave little room for ambiguity. They have designated loading/unloading areas that are marked. These areas would have served you're purpose, and kept you out of the perview of the authorities. No means No. Looking to play the semantics game in court is a waste of you're, and the courts' time. Additionally, Contempt of Cop is a crime. You would have been better served to move the car the instant he told you to. I know, "fight the power" and all that other crap:rolleyes: . Fine, but don't try it at the airport...its' like whole other country these days.
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Offline Zigrat

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legal question
« Reply #11 on: May 12, 2003, 10:52:48 PM »
1) what the sign said was "no parking, loading and unloading only" (this was curbside by the baggage claim) and 2) he didnt tell me to move he gave me the ticket. i wouldnt be posting here if he had just explained the sign rather than writing me up. i am not an unintelligent person so i bet many others are also confused by this, and they just bet that it isn't worth our time to fight it so you just pay the 25 dollars. well i am not gonna let this guy win even though the hours it will cost me are worth way more than 25 bucks. the ******* questioned my ability to read the sign and rolled his eyes when i explained i didnt think i was doing anything wrong. it did not say "no parking any time".

Offline Mini D

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« Reply #12 on: May 12, 2003, 10:59:30 PM »
were you loading or unloading?  Doesn't sound like it.

Remember.... you are not going to court to argue over whether or not the cop SHOULD have given you the ticket, but rather whether or not YOU broke the law by stopping.  Its been clearly stated that you did and your only retort seems to be "he could have gave me a warning instead."  And... you are correct, he could have, but chose not to do that.  What exactly is it that you are going to fight again?

I understand you being pissed.  I just don't believe you have any legal recourse in this situation.  If you go to court, you will be found guilty.

One thing to remember, if you plea "not guilty" and demand a trial before a judge with the officer present... you are responsible for court fees in the event you are found guilty.  Basically, look at your ticket and start adding dollars.

If you go to the court and plea guilty and just show for sentancing (well.. not sentancing but fine rendering), they will always (well almost always) reduce the amount of the ticket and you have a non-moving violation on your record... or that you fought when blatently wrong and lost on your record.

MiniD

Offline rpm

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« Reply #13 on: May 12, 2003, 11:17:23 PM »
Sounds to me like the Cop was a Republican. You do exactly what he tells you or you are a subversive. Why are you questioning what he said, must be a terrorist.
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Offline Sandman

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« Reply #14 on: May 12, 2003, 11:24:18 PM »
Quote
Originally posted by rpm371
Sounds to me like the Cop was a Republican. You do exactly what he tells you or you are a subversive. Why are you questioning what he said, must be a terrorist.


LOL:D
sand