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[H] Contesting ticket while delivering food CA - Page 2

Blogs > MarlieChurphy
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y0su
Profile Blog Joined September 2011
Finland7871 Posts
Last Edited: 2015-05-20 09:25:20
May 20 2015 09:08 GMT
#21
On May 20 2015 14:36 omisa wrote:
Do you think you could make $55 (or more) in the amount of time you will have spent trying to fight this?

Depends on how many extra hours he can actually get at work and how much time he's actually investing into this. Also, if he does end up finding some useful legal information it could end up saving him more money in the long run.

@OP, even if you don't find the exact ordinance regarding delivery vehicles (or the one you find isn't favorable) you could also appeal based on your interpretation of the law. Just remember to state a clear legal argument.

e: stay away from "this sucks for me" or "this is needed/good/bad" - you (nor the judge reading your appeal) can't change the law. You're appeal needs to focus on what the law says and why that does or doesn't apply in this case. Also, look for any mistakes - sometimes something as simple as the ticket having the wrong information can be enough to get it dismissed.
QuanticHawk
Profile Blog Joined May 2007
United States32130 Posts
May 20 2015 12:13 GMT
#22
i really doubt he makes 55-60$ in the 2-3 hours he'd be in court
PROFESSIONAL GAMER - SEND ME OFFERS TO JOIN YOUR TEAM - USA USA USA
coverpunch
Profile Joined December 2011
United States2093 Posts
May 20 2015 13:00 GMT
#23
A couple points:

-appeals will rarely work in CA anyways so you're already pretty boned
-you basically admit you not only did it, you do it regularly. Take it out and act like this is the only time in your life you've ever double-parked with the car still on and that you were addressing an emergency on par with your wife giving birth.
-also take out the part where you insist this is a common practice for delivery drivers. Instead, make it a trivial technicality like you were parked maybe a bit far away from the curb and crooked but still within legal limit. Go back, change the date on your phone, and take a photo of your car parked crooked but legally. (this is very aggressive)
-I'm not sure if tech has evolved so cops can attach their own photos, but if he indeed has it, it's GG.

Can you provide more details from the ticket? Like what law it cites that you violated? That also helps with the story telling.
MarlieChurphy
Profile Blog Joined January 2013
United States2065 Posts
Last Edited: 2015-05-26 08:14:58
May 26 2015 08:02 GMT
#24
On May 20 2015 22:00 coverpunch wrote:
A couple points:

-appeals will rarely work in CA anyways so you're already pretty boned
-you basically admit you not only did it, you do it regularly. Take it out and act like this is the only time in your life you've ever double-parked with the car still on and that you were addressing an emergency on par with your wife giving birth.
-also take out the part where you insist this is a common practice for delivery drivers. Instead, make it a trivial technicality like you were parked maybe a bit far away from the curb and crooked but still within legal limit. Go back, change the date on your phone, and take a photo of your car parked crooked but legally. (this is very aggressive)
-I'm not sure if tech has evolved so cops can attach their own photos, but if he indeed has it, it's GG.

Can you provide more details from the ticket? Like what law it cites that you violated? That also helps with the story telling.



The parking control (not cops, just meter fags) says violation 22500 (H) CVC DOUBLE PARKED And they take pictures of your vehicle. So not only did this mother fucker ticket me, but he typed in all my info and took a pic as fast as humanly possible and then sped off like a thief in the night because he knew he was being a shady bastard and he probably knew I was on delivery because the silver/heat lined delivery bag was sitting plainly on the passenger side.

Yes Kwark, I know I technically did break this law, but like others have said it's like COME ONNNNNN.


22500. No person shall stop, park, or leave standing any vehicle
whether attended or unattended, except when necessary to avoid
conflict with other traffic or in compliance with the directions of a
peace officer or official traffic control device, in any of the
following places:

(h) On the roadway side of any vehicle stopped, parked, or
standing at the curb or edge of a highway, except for a schoolbus
when stopped to load or unload pupils in a business or residence
district where the speed limit is 25 miles per hour or less.


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

So this says I was on the curb? I clearly wasn't on the curb. I was in the street next to a row of parked cars. Is that a legal means to beat this on a technicality?

Also, my buddy was saying that since the car is in my mom's name and she is disabled, she could go down to the civic center/police station and just say she was driving and needed to go inside to get her purse or something.
RIP SPOR 11/24/11 NEVAR FORGET
MarlieChurphy
Profile Blog Joined January 2013
United States2065 Posts
Last Edited: 2015-05-26 08:16:34
May 26 2015 08:16 GMT
#25
I was gonna try and post this on /r/legaladvice on reddit but I am banned because I said "420blazeitfagit" like a year ago

Could someone post this over there for me?
RIP SPOR 11/24/11 NEVAR FORGET
Coagulation
Profile Blog Joined July 2006
United States9633 Posts
May 26 2015 14:30 GMT
#26
lol oh chalz
QuanticHawk
Profile Blog Joined May 2007
United States32130 Posts
May 26 2015 15:35 GMT
#27
chalz i obviously think you're a cool dude but throwing around fag as frequently as you isnt too endearing

you're not gonan get off on technicality there. imo your best bet is def go in person and plead ignorance and say that you've done it before no problem. trying to fight it and call the parking enforcement guy a tool ain't gonna go anywhere.
PROFESSIONAL GAMER - SEND ME OFFERS TO JOIN YOUR TEAM - USA USA USA
KwarK
Profile Blog Joined July 2006
United States43728 Posts
Last Edited: 2015-05-27 06:13:50
May 27 2015 06:12 GMT
#28
21. Did you illegally park on the street? Yes/No

If no 21a)
  • Did the cop also park on the street?
  • Was he a fag?
  • Have you done this a bunch of times before and it's been fine?
  • What did this mean exactly?
  • Alien registration number?
ModeratorThe angels have the phone box
MarlieChurphy
Profile Blog Joined January 2013
United States2065 Posts
Last Edited: 2015-05-29 06:16:34
May 29 2015 06:04 GMT
#29
On May 27 2015 00:35 QuanticHawk wrote:
chalz i obviously think you're a cool dude but throwing around fag as frequently as you isnt too endearing

you're not gonan get off on technicality there. imo your best bet is def go in person and plead ignorance and say that you've done it before no problem. trying to fight it and call the parking enforcement guy a tool ain't gonna go anywhere.


420blazeitfagit is just a stupid meme. I only said it because some guy was talking mad shit while I wasn't and it was my final comment.

I don't understand power tripping letter of the law bullshit like this. I mean that kind of person is despicable to me. Do you just get off fucking over honest people every day? Yea, technically there is a law broken, but you gotta ask yourself; Was anyone harmed or troubled by the action? Was the person trying to cause a problem on purpose? Am I enforcing this for selfish pleasure/satisfaction of some kind?

I mean imagine if the world didn't have these kinds of people in power. Do you think the world would just turn to shit or would it be better off? I''d bet it all on the latter.\

If I was in any kind of law enforcement position I would probably be fired because I wasn't enough of a dickhead to regular every day people. #Gestapo

PS- Am I sorry? Fuck no. Will I do it again. Every time. There is not enough parking and not enough time. This law is for assholes who straight up park in the street for prolonged time, not for someone idling with their flashers on for literally 2 minutes.
RIP SPOR 11/24/11 NEVAR FORGET
MarlieChurphy
Profile Blog Joined January 2013
United States2065 Posts
May 29 2015 06:19 GMT
#30
So when I go to the police station to appeal the ticket, and if they say no or whatever do I get a chance to go to court?

And if I do go to court, will the ticketing asshole have to be present? If he doesn't show, can I make a formal complaint about the ticketing officer so he can't fuck people over in the future?
RIP SPOR 11/24/11 NEVAR FORGET
QuanticHawk
Profile Blog Joined May 2007
United States32130 Posts
May 29 2015 13:23 GMT
#31
it's a dumb meme chalz! don't be a boner. try not tossing the word fag around as much! it's got a lot of negative baggage behind it for lots of people, and more importantly there's far more interesting words to use!

im sure it's the same as it is most places in the county, your ticket probably has a court date on it. show up to that. basically you will have a moment to talk to the prosectuor and explain what happened. ive done this a bunch for various things. usually you cant get your ticket knocked down just by showing up if you're not being a boner and didn't do anything too horribble - ie. ive had speeding tickets knocked to a seatbelt (no points).

because parking is next to nothing, they might not have anything to go lower and you might just get stuck with it. You might also get a lienent prosecutor who takes pity on you. really it's all about he/she liking you, which is why i am saying don't go in calling the parking guy a little shit, dont talk about how you will do it again and again and again etc.

basically, the only way this gets dropped is if you go in, throw on slacks and a tie, and just basically say, sorry i didnt know it was an issue, i work as a delivery guy and scrape by, it wont happen again, and hope the prosecutor takes mercy on you.

the only other option would be to claim it didnt happen as described. but then youre basically hoping there isnt photo evidence, and that the guy doesnt show. I'd try option a.

vent here about the guy being a little bastard, but that will get you no where in court
PROFESSIONAL GAMER - SEND ME OFFERS TO JOIN YOUR TEAM - USA USA USA
imgbaby
Profile Blog Joined May 2015
158 Posts
Last Edited: 2015-05-29 18:57:29
May 29 2015 18:57 GMT
#32
Welcome to the dog eat dog justice system. Or as my hero Nietzsche would say, welcome to the ancient tables of morality where the sick desire for cruelty protects the upper class..
Like a bird on a wire, like a drunk in some midnight choir I have tried in my way to be free
coverpunch
Profile Joined December 2011
United States2093 Posts
Last Edited: 2015-05-30 15:24:36
May 30 2015 15:22 GMT
#33
On May 26 2015 17:02 MarlieChurphy wrote:
Show nested quote +
On May 20 2015 22:00 coverpunch wrote:
A couple points:

-appeals will rarely work in CA anyways so you're already pretty boned
-you basically admit you not only did it, you do it regularly. Take it out and act like this is the only time in your life you've ever double-parked with the car still on and that you were addressing an emergency on par with your wife giving birth.
-also take out the part where you insist this is a common practice for delivery drivers. Instead, make it a trivial technicality like you were parked maybe a bit far away from the curb and crooked but still within legal limit. Go back, change the date on your phone, and take a photo of your car parked crooked but legally. (this is very aggressive)
-I'm not sure if tech has evolved so cops can attach their own photos, but if he indeed has it, it's GG.

Can you provide more details from the ticket? Like what law it cites that you violated? That also helps with the story telling.



The parking control (not cops, just meter fags) says violation 22500 (H) CVC DOUBLE PARKED And they take pictures of your vehicle. So not only did this mother fucker ticket me, but he typed in all my info and took a pic as fast as humanly possible and then sped off like a thief in the night because he knew he was being a shady bastard and he probably knew I was on delivery because the silver/heat lined delivery bag was sitting plainly on the passenger side.

Yes Kwark, I know I technically did break this law, but like others have said it's like COME ONNNNNN.


Show nested quote +
22500. No person shall stop, park, or leave standing any vehicle
whether attended or unattended, except when necessary to avoid
conflict with other traffic or in compliance with the directions of a
peace officer or official traffic control device, in any of the
following places:

Show nested quote +
(h) On the roadway side of any vehicle stopped, parked, or
standing at the curb or edge of a highway, except for a schoolbus
when stopped to load or unload pupils in a business or residence
district where the speed limit is 25 miles per hour or less.


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

So this says I was on the curb? I clearly wasn't on the curb. I was in the street next to a row of parked cars. Is that a legal means to beat this on a technicality?

Also, my buddy was saying that since the car is in my mom's name and she is disabled, she could go down to the civic center/police station and just say she was driving and needed to go inside to get her purse or something.

Your last bit here reads the law incorrectly. It's listing places you CANNOT park. Section H says you can't stop on the road next to any vehicles that are already on the curb, i.e. double parking.

You can try playing the sympathy card with your disabled mom but that's pretty desperate and low. Your mother's dignity and dragging her down to the police station to beg you out of a ticket is surely worth more than the $55 to just pay it off.

But yeah, you just got took by a meter maid issuing chickenshit tickets. Welcome to California, the cops need that money for their 90% income for life pension when they retire at 45 more than your broke ass does. If it makes you feel better, you can vent on the US Politics thread. They're kind of on an anti-cop bender right now.

Also, you're sure they have a picture of your car? Meaning, they printed it for you on the notice to pay? Keep in mind the cops often lie about this kind of thing because they know just saying they did it discourages most people from fighting the ticket at all. As I wrote in my previous thing, if they printed a photo of your car double-parked with the lights on, then you're totally boned and you have to just pay.
Durak
Profile Blog Joined January 2008
Canada3685 Posts
May 30 2015 18:18 GMT
#34
Why is whether or not the police have a picture of your car even a question? In Canada, you ask the Crown (Prosecutor: District Attorney or whatever in the States) for disclosure and they have to provide you with all their evidence. I suggest you start by doing that.
MarlieChurphy
Profile Blog Joined January 2013
United States2065 Posts
Last Edited: 2015-06-02 22:19:24
June 02 2015 22:18 GMT
#35
On May 29 2015 22:23 QuanticHawk wrote:
it's a dumb meme chalz! don't be a boner. try not tossing the word fag around as much! it's got a lot of negative baggage behind it for lots of people, and more importantly there's far more interesting words to use!

im sure it's the same as it is most places in the county, your ticket probably has a court date on it. show up to that. basically you will have a moment to talk to the prosectuor and explain what happened. ive done this a bunch for various things. usually you cant get your ticket knocked down just by showing up if you're not being a boner and didn't do anything too horribble - ie. ive had speeding tickets knocked to a seatbelt (no points).

because parking is next to nothing, they might not have anything to go lower and you might just get stuck with it. You might also get a lienent prosecutor who takes pity on you. really it's all about he/she liking you, which is why i am saying don't go in calling the parking guy a little shit, dont talk about how you will do it again and again and again etc.

basically, the only way this gets dropped is if you go in, throw on slacks and a tie, and just basically say, sorry i didnt know it was an issue, i work as a delivery guy and scrape by, it wont happen again, and hope the prosecutor takes mercy on you.

the only other option would be to claim it didnt happen as described. but then youre basically hoping there isnt photo evidence, and that the guy doesnt show. I'd try option a.

vent here about the guy being a little bastard, but that will get you no where in court



The only problem with this plan, is that this is CA. And they are in a market racket to swindle funds out of citizens. Last time I got a ticket for driving with no headlights (complete made up bullshit after cop stopped me to do random DUI test that I passed). So I go down on the court date. It's just a window. At the window you plead not guilty or guilty and pay fine or whatever. They tell me to come back 2 weeks later to the window and offer me classes to reduce the point on record or plead not guilty again and create a court date for the officer and I which is another 2 weeks later. Then you go to court, sit in there for a few hours, the pig doesn't show, and you pay nothing. Only I did pay something, all my time, lost wages from work/using sick/vacation pay, gas money, etc. It's like not even worth it to fight. Fuck this system and fuck these chicken shit tickets and cops.
RIP SPOR 11/24/11 NEVAR FORGET
MarlieChurphy
Profile Blog Joined January 2013
United States2065 Posts
Last Edited: 2015-06-02 22:25:32
June 02 2015 22:21 GMT
#36
On May 31 2015 00:22 coverpunch wrote:
Show nested quote +
On May 26 2015 17:02 MarlieChurphy wrote:
On May 20 2015 22:00 coverpunch wrote:
A couple points:

-appeals will rarely work in CA anyways so you're already pretty boned
-you basically admit you not only did it, you do it regularly. Take it out and act like this is the only time in your life you've ever double-parked with the car still on and that you were addressing an emergency on par with your wife giving birth.
-also take out the part where you insist this is a common practice for delivery drivers. Instead, make it a trivial technicality like you were parked maybe a bit far away from the curb and crooked but still within legal limit. Go back, change the date on your phone, and take a photo of your car parked crooked but legally. (this is very aggressive)
-I'm not sure if tech has evolved so cops can attach their own photos, but if he indeed has it, it's GG.

Can you provide more details from the ticket? Like what law it cites that you violated? That also helps with the story telling.



The parking control (not cops, just meter fags) says violation 22500 (H) CVC DOUBLE PARKED And they take pictures of your vehicle. So not only did this mother fucker ticket me, but he typed in all my info and took a pic as fast as humanly possible and then sped off like a thief in the night because he knew he was being a shady bastard and he probably knew I was on delivery because the silver/heat lined delivery bag was sitting plainly on the passenger side.

Yes Kwark, I know I technically did break this law, but like others have said it's like COME ONNNNNN.


22500. No person shall stop, park, or leave standing any vehicle
whether attended or unattended, except when necessary to avoid
conflict with other traffic or in compliance with the directions of a
peace officer or official traffic control device, in any of the
following places:

(h) On the roadway side of any vehicle stopped, parked, or
standing at the curb or edge of a highway, except for a schoolbus
when stopped to load or unload pupils in a business or residence
district where the speed limit is 25 miles per hour or less.


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

So this says I was on the curb? I clearly wasn't on the curb. I was in the street next to a row of parked cars. Is that a legal means to beat this on a technicality?

Also, my buddy was saying that since the car is in my mom's name and she is disabled, she could go down to the civic center/police station and just say she was driving and needed to go inside to get her purse or something.

Your last bit here reads the law incorrectly. It's listing places you CANNOT park. Section H says you can't stop on the road next to any vehicles that are already on the curb, i.e. double parking.

You can try playing the sympathy card with your disabled mom but that's pretty desperate and low. Your mother's dignity and dragging her down to the police station to beg you out of a ticket is surely worth more than the $55 to just pay it off.

But yeah, you just got took by a meter maid issuing chickenshit tickets. Welcome to California, the cops need that money for their 90% income for life pension when they retire at 45 more than your broke ass does. If it makes you feel better, you can vent on the US Politics thread. They're kind of on an anti-cop bender right now.

Also, you're sure they have a picture of your car? Meaning, they printed it for you on the notice to pay? Keep in mind the cops often lie about this kind of thing because they know just saying they did it discourages most people from fighting the ticket at all. As I wrote in my previous thing, if they printed a photo of your car double-parked with the lights on, then you're totally boned and you have to just pay.


The citation says Photo(s) taken. It doesn't show the photos, and they aren't shown online.


Anyway, I finally got a day off and I got a huge list of shit to do today. I'm going to try and go down to the kinkos and print out the pics and then go to the police station and see what they have or say about it.

Also, I did ask the HBPD facebook page about the laws on delivery drivers and parking and they just referred me to the municipal parking codes


What is the ordinance on delivery drivers when stopping (no parking) to deliver food for a few minutes?


Depending on where they are parked, it would fall under a parking violation of the municipal code.

http://www.qcode.us/codes/huntingtonbeach/

Is that something that is enforced?
RIP SPOR 11/24/11 NEVAR FORGET
QuanticHawk
Profile Blog Joined May 2007
United States32130 Posts
Last Edited: 2015-06-03 14:07:17
June 03 2015 14:05 GMT
#37
On June 03 2015 07:18 MarlieChurphy wrote:
Show nested quote +
On May 29 2015 22:23 QuanticHawk wrote:
it's a dumb meme chalz! don't be a boner. try not tossing the word fag around as much! it's got a lot of negative baggage behind it for lots of people, and more importantly there's far more interesting words to use!

im sure it's the same as it is most places in the county, your ticket probably has a court date on it. show up to that. basically you will have a moment to talk to the prosectuor and explain what happened. ive done this a bunch for various things. usually you cant get your ticket knocked down just by showing up if you're not being a boner and didn't do anything too horribble - ie. ive had speeding tickets knocked to a seatbelt (no points).

because parking is next to nothing, they might not have anything to go lower and you might just get stuck with it. You might also get a lienent prosecutor who takes pity on you. really it's all about he/she liking you, which is why i am saying don't go in calling the parking guy a little shit, dont talk about how you will do it again and again and again etc.

basically, the only way this gets dropped is if you go in, throw on slacks and a tie, and just basically say, sorry i didnt know it was an issue, i work as a delivery guy and scrape by, it wont happen again, and hope the prosecutor takes mercy on you.

the only other option would be to claim it didnt happen as described. but then youre basically hoping there isnt photo evidence, and that the guy doesnt show. I'd try option a.

vent here about the guy being a little bastard, but that will get you no where in court



The only problem with this plan, is that this is CA. And they are in a market racket to swindle funds out of citizens. Last time I got a ticket for driving with no headlights (complete made up bullshit after cop stopped me to do random DUI test that I passed). So I go down on the court date. It's just a window. At the window you plead not guilty or guilty and pay fine or whatever. They tell me to come back 2 weeks later to the window and offer me classes to reduce the point on record or plead not guilty again and create a court date for the officer and I which is another 2 weeks later. Then you go to court, sit in there for a few hours, the pig doesn't show, and you pay nothing. Only I did pay something, all my time, lost wages from work/using sick/vacation pay, gas money, etc. It's like not even worth it to fight. Fuck this system and fuck these chicken shit tickets and cops.


yeah most places do some variation on that, which is why someone else mentioned doing a cost/benefit. ie. by just paying $55, are you coming out ahead better than taking the time off to go and challenge it. basically it comes down to that at this point

also dont be asking that on fb bc that's more or less admitting you parked illegally! whether or not is enforced doesnt matter. if it's an ordienance (which it sure sounds like it is based on what you and others have posted) they can decide to charge you with it even if it isn't always enforced.
PROFESSIONAL GAMER - SEND ME OFFERS TO JOIN YOUR TEAM - USA USA USA
MarlieChurphy
Profile Blog Joined January 2013
United States2065 Posts
June 04 2015 21:33 GMT
#38
The law is so fucking stupid with it's random bullshit and shithead enforcers. It's like cliquey highschool shit.
RIP SPOR 11/24/11 NEVAR FORGET
ninazerg
Profile Blog Joined October 2009
United States7291 Posts
June 04 2015 23:55 GMT
#39
On May 26 2015 17:02 MarlieChurphy wrote:
I know I technically did break this law


As your attorney, I would advise against any admission of guilt until after the court has ruled on the matter.
"If two pregnant women get into a fist fight, it's like a mecha-battle between two unborn babies." - Fyodor Dostoevsky
Danglars
Profile Blog Joined August 2010
United States12133 Posts
June 05 2015 09:24 GMT
#40
Haha I know this street, live mere blocks away. I think you're SOL on this one, barring some lucky first-time-offender mercy (And if you've never been cited before, I'd put it in there).

If its the chinese place I'm thinking of right now, I've gotten delivery before and it was on time and very tasty.
Great armies come from happy zealots, and happy zealots come from California!
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