Well, to tell the truth, I think you will lose the case if you try to fight it. Transportation code 541.401 defines parking as standing in an occupied or unoccupied vehicle. You only real hope is to try for the temporary exception for passengers, but the flip side of this argument is that you were waiting and not loading or unloading.
And do not bring up in court that the officer also parked int he red zone to get his kid. It is both irrelevant to your guilt or innocence AND legal for an emergency vehicle to park there. And the law does not say what the business has to be, just that this does not apply to the emergency vehicles.
What you can do is call the station and question the supervisor on why the officer can write the ticket to you while he is doing the exact same thing. It may be legal, but it is certainly unethical and bad public relations. The department might be willing to drop your ticket in a show of good faith.
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- by srothstein
- Thu Nov 13, 2008 11:08 pm
- Forum: LEO Contacts & Bloopers
- Topic: Parking Versus Standing
- Replies: 17
- Views: 6255
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