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srothstein wrote: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.

What a web! 545.301 leads me to think that parking, standing, and stopping are three different things yet it appears 541.401 combines them.

srothstein wrote: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.

I would not have done that. His actions have no impact on my situation. I'll deal with him through the department.

srothstein wrote: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.

While it might work, it's a long-shot given their need for revenue. If he writes three tickets every day while picking up his kid he's generating almost $600 a day for the city.

I'm going to pay the ticket and go on to something more productive to do with my time. Thanks.

Tom

Right behind the person standing behind me!

Tom

Keith,

Thanks. I think it all comes down to the definition of parking versus standing. My position is since I was in gear with the motor running, I was standing and since there was no sign or marking prohibiting standing, my action was legal. If they want to argue I was "parked" then there is an exception that allows temporary parking to drop off or pick up. Now, I would have stood there for about 10 minutes. What's the definition of "temporary?"

Tom

Ran into a good one today. Pulled up to the school to get the kids. There was a line as usual. The street is marked, "No Parking, Standing, or Stopping" so I pulled into the parking lot and waited for the children to arrive. A local officer knocked on the window and asked for my license. I gave him the license and CHL--no issues. Comes back and Issues me a ticket for parking in a fire lane, picks up his kid, and drives off in his cruiser. I noted the curb states, "Fire Lane - No Parking" but no mention of standing or stopping like the street in front of the school. The ticket is $167 and I'm considering fighting it since the curb was marked, "No Parking" with no mention of standing or stopping.

No issues with the CHL (edit--I was not carrying at the time but provided the CHL), but the ticket seems wrong...

Tom