Police pulled me over and instructed me to stop at red zone (with red curb) and gave me a traffice ticket. Can I go to court and claim the ticket is technically invalid because he made to park at a red zone which is violating another traffice rule? This is in California.
2007-01-25 11:27:30 · 8 answers · asked by blueandpeach 1 in Politics & Government ➔ Law Enforcement & Police
I was pulled over for not having seat belt on the passenger in the backseat. He told me to stop at the red zone. My question is if I can go to court and claim the ticket for seat belt is invalid because he made me to stop at the red zone which is potentially a hazard.
2007-01-25 11:41:58 · update #1
I got some good answers here. I was perticular angry at the cop because the ticket was given when I was trying to unload my kid right in front of the school, then he ticketed me for "no seat belt' of my kid because the car was moving! If I dont tell him to get ready, I will add more traffic into the dead traffice in front of the school. Then when I tried to ask him to let my kid go to school first so he will not be late for school, the cop ignored my request, took his time writing the ticket, pretending he did not hear anything, even when the school bell rang, he just took his time, writing the ticket. When he finally finished, I requested again, the cop said, "Oh, he can not get out by himself?" A cop writing ticket at elementory school does not know most car has child lock so littel kid will not get out by themself? Arrogent or purely in rush to write more ticket?
2007-01-25 16:56:09 · update #2
Nice try. It was not illegal to park in the red zone, because it is not illegal to disobey any traffic rule when ordered to do so by a police officer. Moreover, even if it was illegal, that would not somehow make it retroactively legal for you to drive with the passenger unbelted.
2007-01-25 11:54:46 · answer #1 · answered by Anonymous · 3⤊ 0⤋
Absolutely not. That isn't even marginally a defense on the ticket. Where you stop has absolutely nothing to do with the violation you committed.
The judge won't even allow you to muddy the waters of your violation by bringing it up. You weren't committing a traffic violation, you were following a lawful order to stop. The red zone is there so that police and fire have a place to park for emergencies and guess what, your traffic stop is totally permissible for the officer to do this.
It may have been the only safe place to stop you if there are cars lining the street elsewhere, it got you both out of the flow of traffic.
It's like the guy I arrested for driving on a suspended driver's license and then he said he would get off because I didn't read him the miranda warning. I told him I wasn't interviewing him about a crime, so it didn't have to be done. He was still found guilty, it had nothing to do with the offense he committed.
2007-01-25 11:56:40 · answer #2 · answered by Lt. Dan reborn 5 · 2⤊ 0⤋
Yes, this is not uncommon, when police officers perform a disservice to the men and women who upholds the law fairly. You may also try to seek the Internal Affairs Division with the law enforcement agency you speak of. Additionally, you may explain to the Judge about how you parked there, and question why if the red zone was a hazard and given a citation for that obviously, why didn't that police officer direct you to a safer and legal stopping area. Explain how the stop was made, and possibly affected your judgment to stop as quickly as possible, and by doing so, has influenced this citation you speak of.
2007-01-25 11:44:59 · answer #3 · answered by onAhhroll 3 · 0⤊ 4⤋
No. The police's instructions over ride the "traffic rule"
2007-01-25 21:50:24 · answer #4 · answered by natelaero 2 · 0⤊ 0⤋
Did you do the crime? Then pay for it and quit trying to pass the buck. Think of all the other times that you didn't get caught.
2007-01-25 11:38:47 · answer #5 · answered by johN p. aka-Hey you. 7 · 1⤊ 0⤋
not unless the ticket he gave you was for parking in that zone.. otherwise if it was for another violation it is a perfectly valid ticket.
2007-01-25 11:33:40 · answer #6 · answered by Anonymous · 3⤊ 0⤋
LOL!
No, it is still valid.
CHP will stop you on the freeway, which is a highway that only allows for emergency stops, but their tickets are still valid.
2007-01-25 11:43:08 · answer #7 · answered by Anonymous · 2⤊ 0⤋
no. how did he instruct you to pull over in a red zone when you were in separate cars?
2007-01-25 11:33:55 · answer #8 · answered by uncle osbert 4 · 1⤊ 0⤋