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Help me fight this handicapped ticket! (self.legaladvice)

blockingcapped が 投稿

California was chasing a Pokémon and he ends up in an (empty) handicapped space. I cornered him there and it was taking me a while because it was my first one and a cop gave me a ticket for blocking a handicapped space, like I wouldn't have moved if someone tried to park there. I WAS IN NO VEHICLE but I was cited under the vehicle code 22500(L) and fined $305.

Again I was on foot, not on a vehicle.

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[–]theletterqwertyQuality Contributor 6ポイント7ポイント  (3子コメント)

  1. 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: L) In front of or upon that portion of a curb that has been cut down, lowered, or constructed to provide wheelchair accessibility to the sidewalk.

So you were on foot the whole time, and your vehicle - even a bicycle - was nowhere near the spot? Because I'm pretty sure a vehicle is part of the elements of this offense and someone misread his statutes before writing you.

Plead Not Guilty: "Your Honour, the protestations of my intestinal bacteria notwithstanding, I respectfully submit that I am not a vehicle."

(don't actually say that)

[–]blockingcapped[S] 1ポイント2ポイント  (2子コメント)

your vehicle - even a bicycle - was nowhere near the spot?

Are Heelys considered a vehicle?

[–]theletterqwertyQuality Contributor 3ポイント4ポイント  (1子コメント)

Only if you consider mayonnaise an instrument.

[–]blockingcapped[S] 2ポイント3ポイント  (0子コメント)

Well it is an instrument in my current "artistry" job but I get your point, thanks!

[–]--MyRedditUsername-- 1ポイント2ポイント  (2子コメント)

Where was your car?

[–]blockingcapped[S] 2ポイント3ポイント  (1子コメント)

I don't own a car. I was wearing Heelys though but I wasn't using the wheels.

[–]--MyRedditUsername-- 3ポイント4ポイント  (0子コメント)

Plead not guilty and go to trial.

[–]damageddude 1ポイント2ポイント  (2子コメント)

was chasing a Pokémon and he ends up in an (empty) handicapped space. I cornered him there and it was taking me a while because it was my first one

I'd love to be a fly in the room when the judge reads that defense. Was your car/bike blocking the space or were you just standing in it?

[–]blockingcapped[S] 1ポイント2ポイント  (1子コメント)

I was on foot. I was wearing Heelys though but I wasn't using the wheels.

[–]damageddude 0ポイント1ポイント  (0子コメント)

Go to trial, plead the Pokemon defense follow the instructions on the ticket.

[–]apexian 1ポイント2ポイント  (2子コメント)

Is there any vehicle description, license plate number, etc. on your citation?

[–]blockingcapped[S] 0ポイント1ポイント  (1子コメント)

It's hard to read but it says "n/a" under a few boxes but most boxes are blank. I'm at work right now don't have the ticket but if I had my bicycle he would have put that on there right?

[–]apexian 2ポイント3ポイント  (0子コメント)

I'm pretty sure the elements of the offense requires a vehicle. If no vehicle is listed on the cite, it seems like this should be pretty easy to defend successfully. Just make sure to follow the instructions on the ticket regarding your appearance.

[–]Three-Culture 0ポイント1ポイント  (0子コメント)

Last thing to check may be if the officer asked you to move and you didn't.

He could, potentially, testify that he asked you to move and that you didn't.

But of course, that might have required him to cite you according to a different code.