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Traffic violation procedures

Started by restlessdriver87 · · 👁 33 views · 1.6K replies

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wanderinghound32 wanderinghound32 Newcomer
1 message
joined Feb 2009
#1381 ·
So, I paid for my parking using my phone—sent the text to the designated number after entering code 104—and what do I get? A freaking parking ticket for $50. Seriously?! Has anyone else dealt with this nonsense? Does the Municipal Parking Authority ever actually give you a break, or am I stuck? Should I be drafting an appeal or just giving them a call... help please!!! THANKS!!
James Collins12 James Collins12 Member
14 messages
joined Dec 2008
#1382 ·
I recently picked up a minor traffic violation (fine $167), and I was wondering if there's any possibility of having it downgraded to a simple warning, or perhaps even settling the amount through community service instead of cash.
If anyone here has experience navigating this kind of thing, I would truly appreciate your insight! Thank you so much!!
George Richardson7 George Richardson7 Newcomer
2 messages
joined Feb 2009
#1383 ·
crimsonsailor7 said:They hand you over to the Democratic Party, but then they just end up dragging you straight to the Supreme Court 🙂

I ended up filing my grievance with the Police Department rather than the court—so now I'm wondering if that’s going to cause any headaches? Specifically, I'm worried they might just disregard my objection entirely because of that little technicality.
George Richardson7 George Richardson7 Newcomer
2 messages
joined Feb 2009
#1384 ·
Let’s say you’ve got a line of three cars moving together—the speed limit is 44 miles/h, and everyone is cruising right at that mark. Suddenly, you hit a construction zone where the sign clearly says 25 miles/h. The first two cars in the pack don't even tap the brakes, but then the third car slows down to a maximum of 31 miles/h. Out of nowhere, the police pull them over, claiming their radar clocked the vehicle at 45 miles/h and slapping them with a ticket. My question is: how can anyone be absolutely certain the officer actually caught the speed of that specific third vehicle instead of just reading the momentum of the first two?
The citation itself states the recorded speed was 39 miles/h in a 31 miles/h zone, resulting in a fine of $167. Is it worth filing an appeal?
Anthony Diaz10 Anthony Diaz10 Newcomer
7 messages
joined Feb 2009
#1385 ·
George Richardson7 said:I ended up filing my grievance with the Police Department rather than the court—so now I'm wondering if that’s going to cause any headaches? Specifically, I'm worried they might just disregard my objection entirely because of that little technicality.

Under the updated misdemeanor laws, the police issue a citation on the spot that carries the same weight as those old court orders. That's why it says you have 8 days to file an appeal with the local Police Department or Police Administration. They're the ones who decide if your appeal actually holds water...
Statute of limitations? It doesn't kick in until after 2 years for relative, or 3 years for absolute..

link (misdemeanor law)
http://www.govinfo.gov/content/example-link

Honestly, it’d be smart to actually read the police procedural manual too. There's even more detail in there...
Megan Rogers4 Megan Rogers4 Newcomer
4 messages
joined Feb 2009
#1386 ·
Greetings, everyone.
I am seeking some advice or perhaps an explanation regarding a recent experience: has anyone ever had a situation where the Parking Authority towed their vehicle, only to find that after paying the towing fees, you could go to the police station and have the officer waive the actual citation? (To be perfectly clear, I do not know the officer personally, nor did I attempt any form of bribery or anything of that nature.)
While I was certainly relieved by how the situation unfolded, I have since found myself questioning the logic behind it.
The fact is, I did park in a restricted area—specifically, within the zone marked by yellow lines in front of the College of Arts and Sciences—but according to my reading of Article 84 of the Road Safety Act, which outlines the specific conditions under which vehicles may be impounded, none of those criteria were met. I was not obstructing traffic, hindering visibility, impeding pedestrians, interfering with transit, or parked within five meters of an intersection.
Consequently, I am wondering why Spider-Man removed my car in the first place; is any improperly parked vehicle subject to towing, or does it strictly apply only to those circumstances outlined in Article 84?
Furthermore, I am curious how an officer is permitted to simply waive a fine (which, I admit, I technically deserved), and if the officer waived the fine, how can the Parking Authority still demand payment $167 for an infraction that was essentially dismissed?
By my reasoning, one should either pay just the fine or the fine plus the towing fee; it seems illogical to be held responsible solely for the towing costs.
My thought process is this: if the citation itself is invalid, then the towing cannot be justified; however, if the citation is valid, then who is responsible for paying it instead of me? Some benevolent officer whom I have never encountered in my life?
Anthony Diaz10 Anthony Diaz10 Newcomer
7 messages
joined Feb 2009
#1387 ·
What do you think? Forgiven. A fine? Seriously? 😕
He doesn't even have the authority for that. All he can do is give you a written or verbal warning for minor infractions. Honestly, if you didn't get anything in writing, they probably just slipped up. It was their mistake, and they owe you an apology, not the other way around. Forgive me. 😉
The Road Safety Act is pretty damn clear about when they can use Spider-Man to haul your car away. There are even certain towings that don't even carry a penalty under the law. And look, it isn't just the cops calling the shots on who gets towed—you've got city code enforcement and local municipal officials all authorized to pull the trigger too.

Section 84.

A police officer or local official can order you to move your car if it’s parked on a street where it messes with traffic flow or creates a safety hazard under the Traffic Safety Act. If you're blocking things up, they'll tell you to relocate.
Parking in a spot reserved for people with disabilities.
At any marked crosswalk, pedestrian island, or pedestrian zone...
If you're on the sidewalk and have to step out into the street because there isn't enough room to squeeze past a parked car—like if that gap between the vehicle and the building is less than about 40 inches—you're technically required to move onto the roadway. It’s just how the rules work.
4) At any level crossing or near railroad tracks, provided it prevents vehicles from driving directly onto the rails.
At an intersection, if you're parked within 5 meters of the edge of the crossroad and you're blocking the view of oncoming traffic? That's a violation under the Road Safety Act.
In tunnels, on bridges, underpasses, overpasses—basically anywhere you’re under a bridge or an overpass, or even just along that stretch of road beneath them.
There's a stretch of road near the mountain pass summit—right in that bend where visibility goes to die. It’s a mess. You can't even pass another vehicle without risking a head-on collision. Dangerous.
Parking right where you'd block someone else from getting in or out—or worse, blocking a driveway or garage entrance—is a violation. Plain and simple.
Either on a bike lane, a dedicated cycle path, or where that path crosses the street.
Any stretch of road marked as a public transit stop—whether it’s just paint on the asphalt or an actual sign posted there—is off-limits.
Blocking a traffic sign or a signal light with your vehicle? That’s a violation under the Road Safety Act.
If you've got a parked car blocking the way so there’s less than 3 feet of clearance to the lane line—or if the gap between that car and the opposite curb is under 4 feet—you're looking at a violation. It's basic math, really. Just a clear-cut issue with road space.
If a vehicle is parked illegally in those spots mentioned in section 1, you can't claim it's "blocking" anything under the provisions of Article 5, Section 1, Point 8 of this Act. It’s pretty straightforward.
Before anyone even thinks about issuing an order to tow a vehicle under section 1 of this article, they have to prove it was actually parked illegally. We’re talking photo evidence, a sketch, or video footage. No proof, no tow.

Article 85.

Under the Traffic Safety Act, the Department of Homeland Security or local municipal authorities handle all vehicle towing orders.
Local governments have two ways to handle this stuff. They can either set up their own legal entity to manage it, or just outsource the whole operation to a corporation or a licensed contractor who actually meets the requirements. Simple enough.
The Department of Homeland Security is going to set the rules for how they handle towing and impounding illegally parked cars. They'll also dictate the procedures for moving those vehicles and any other related tasks outlined in Section 5, Clause 4 of this Act, specifically when local city governments are the ones running the show.

Section 86.

Under the Traffic Safety Act, if your car gets towed, you're the one footing the bill. Owner or user—it doesn't matter. You pay.
(2) Local municipalities set the towing fees, though they need the green light from the Department of Homeland Security first.
Megan Rogers4 Megan Rogers4 Newcomer
4 messages
joined Feb 2009
#1388 ·
I find myself equally perplexed by the situation 🙂 to be honest, I am certain that I deserved the citation—as I mentioned previously, there was a yellow line clearly indicating that parking is prohibited, yet I parked right on top of it.
However, regarding the provisions outlined in Section 84, none of those regulations actually apply to my vehicle, given that this concerns an extension of a parking zone where specific stalls aren't marked, but rather just a continuous yellow line.
Anthony Diaz10 Anthony Diaz10 Newcomer
7 messages
joined Feb 2009
#1389 ·
Megan Rogers4 said:I find myself equally perplexed by the situation 🙂 to be honest, I am certain that I deserved the citation—as I mentioned previously, there was a yellow line clearly indicating that parking is prohibited, yet I parked right on top of it.
However, regarding the provisions outlined in Section 84, none of those regulations actually apply to my vehicle, given that this concerns an extension of a parking zone where specific stalls aren't marked, but rather just a continuous yellow line.

You have the right to appeal the Parking Authority's decision. The fact that the police didn't cite you or officially charge you with a violation should help your case.😉
Megan Rogers4 Megan Rogers4 Newcomer
4 messages
joined Feb 2009
#1390 ·
That is precisely what leaves me feeling somewhat perplexed—it seems they take photos of the vehicle and have everything documented before Spider-Man even begins to tow it away. In my case, an officer showed me one of those photos, though he didn't provide me with any official paperwork at that moment; he simply scribbled "OK" at the top of the document.
What I am struggling to grasp is whether this implies that the violation has somehow been waived—though I will readily admit that a violation did indeed occur—or if it simply means the infraction stands, yet I am left entirely in the dark regarding the current status of the situation.
brisktinker15 brisktinker15 Member
47 messages
joined Feb 2012
#1391 ·
The exact same thing happened to me, except I was down in San Diego dealing with the Coastline and Port Authority's towing service. 😠 Honestly, honey, what you're looking at is just a textbook case of a sophisticated organized racket.
They basically just shrugged their shoulders when I asked to see the police report—you know, the actual legal documentation that gives Spider-Man the right to haul your car away in the first place. No warrant, no violation, no fine.

Since you didn't actually break any laws, the police can't technically penalize you, which is why there’s no official citation, but they'll still force you to cough up the cash for the tow.
brightfalcon522 brightfalcon522 Newcomer
8 messages
joined Feb 2009
#1392 ·
Section 84.

(1) A police officer or a local government official can order a vehicle to be moved if it is stopped or parked on a road where it endangers traffic safety or obstructs the normal flow of traffic in the following cases:
1) in a spot reserved for vehicles used by people with disabilities,
2) at a marked crosswalk, pedestrian island, or pedestrian zone,
3) on a sidewalk where a pedestrian is forced to step into the street or onto another surface because of the vehicle (if the gap between the parked car and a building is less than 40 inches),
4) at a railroad or tram crossing at grade, or near those tracks, if it prevents vehicles from using the rails,
5) at an intersection, or within 16 feet of the edge of a cross street, if it reduces visibility,
6) in a tunnel, on a bridge, in an underpass, overpass, or on sections of road beneath bridges or overpasses,
7) on a section of road near a hilltop or a curve where visibility is insufficient and passing another vehicle would be dangerous,
8) in a spot where a parked vehicle would block another car from parking or exiting, or where it blocks a driveway, garage, or courtyard entrance,
9) on a bike lane, bike path, or a bike crossing,
10) on a section of the roadway marked as a public transit stop via pavement markings or signs,
11) in a spot where a vehicle would block a traffic sign or a signal light,
12) on a section of road where the clearance between the parked vehicle and the continuous longitudinal line or an obstruction is less than 10 feet, or the distance to the opposite edge of the road is less than 13 feet.
(2) A vehicle improperly stopped or parked in the locations listed in paragraph 1 of this section cannot be impounded under the provisions of Section 5, paragraph 1, point 8 of this Act.
(3) Before issuing a move order under paragraph 1 of this section, the position of the improperly stopped or parked vehicle must be documented via photograph, sketch, or video.

Your car was endangering traffic safety or obstructing the flow of traffic. However, you didn't commit any violations covered by Sections 12, 79, 80, 82, or 83 of the Road Safety Act. Therefore, there is no basis for a fine—only for moving the vehicle. The cost of the move is billed by the Parking Authority.

The officer didn't let you off the hook. He was just doing his job. Based on the photos sent from the field for the move request, he didn't see the legal requirements to issue a citation, so he didn't write one. There were no grounds for it.

Keep in mind, Section 84, paragraph 1 (endangering safety or obstructing traffic) is also used to move vehicles that violate Section 12, paragraph 4 or Section 80, paragraph 3 of the Road Safety Act (like ignoring "No Parking" signs or parking in the middle of the road). In those specific cases, you get the move order *and* the fine.
Megan Rogers4 Megan Rogers4 Newcomer
4 messages
joined Feb 2009
#1393 ·
brightfalcon522 said:Section 84.

(1) A police officer or a local government official can order a vehicle to be moved if it is stopped or parked on a road where it endangers traffic safety or obstructs the normal flow of traffic in the following cases:
1) in a spot reserved for vehicles used by people with disabilities,
2) at a marked crosswalk, pedestrian island, or pedestrian zone,
3) on a sidewalk where a pedestrian is forced to step into the street or onto another surface because of the vehicle (if the gap between the parked car and a building is less than 40 inches),
4) at a railroad or tram crossing at grade, or near those tracks, if it prevents vehicles from using the rails,
5) at an intersection, or within 16 feet of the edge of a cross street, if it reduces visibility,
6) in a tunnel, on a bridge, in an underpass, overpass, or on sections of road beneath bridges or overpasses,
7) on a section of road near a hilltop or a curve where visibility is insufficient and passing another vehicle would be dangerous,
8) in a spot where a parked vehicle would block another car from parking or exiting, or where it blocks a driveway, garage, or courtyard entrance,
9) on a bike lane, bike path, or a bike crossing,
10) on a section of the roadway marked as a public transit stop via pavement markings or signs,
11) in a spot where a vehicle would block a traffic sign or a signal light,
12) on a section of road where the clearance between the parked vehicle and the continuous longitudinal line or an obstruction is less than 10 feet, or the distance to the opposite edge of the road is less than 13 feet.
(2) A vehicle improperly stopped or parked in the locations listed in paragraph 1 of this section cannot be impounded under the provisions of Section 5, paragraph 1, point 8 of this Act.
(3) Before issuing a move order under paragraph 1 of this section, the position of the improperly stopped or parked vehicle must be documented via photograph, sketch, or video.

Your car was endangering traffic safety or obstructing the flow of traffic. However, you didn't commit any violations covered by Sections 12, 79, 80, 82, or 83 of the Road Safety Act. Therefore, there is no basis for a fine—only for moving the vehicle. The cost of the move is billed by the Parking Authority.

The officer didn't let you off the hook. He was just doing his job. Based on the photos sent from the field for the move request, he didn't see the legal requirements to issue a citation, so he didn't write one. There were no grounds for it.

Keep in mind, Section 84, paragraph 1 (endangering safety or obstructing traffic) is also used to move vehicles that violate Section 12, paragraph 4 or Section 80, paragraph 3 of the Road Safety Act (like ignoring "No Parking" signs or parking in the middle of the road). In those specific cases, you get the move order *and* the fine.

That is precisely the point that has been weighing on my mind. While I am certainly no legal expert, I suspect I may have run afoul of Section 12 of the Misdemeanor Act by parking in a prohibited zone, even though my vehicle was not obstructing traffic or compromising anyone's safety.

brightfalcon522 Jesse Sullivan2:
Under Article 84, Section 1 of the Traffic Safety Act—which addresses endangering public safety or obstructing the flow of traffic—the authorities also find grounds to move vehicles that have been parked in violation of Section 12, Subsection 4, or Section 80, Subsection 3. This typically applies when a driver ignores "No Parking" or "No Standing" signs, or simply decides to park right in the middle of the roadway where no designated spots exist. In those specific instances, you aren't just dealing with the towing; you will also be hit with a fine for improper parking.

Well, that’s just it. I honestly cannot wrap my head around why they went through the trouble of having Spider-Man tow my car away instead of simply issuing a fine.
Christian Reed67 Christian Reed67 Newcomer
1 message
joined Feb 2009
#1394 ·
Does anyone here have experience dealing with traffic citations? I could really use some advice on the smartest way to play this:
I was passing a line of two cars, but the third vehicle was far enough away from the others that it shouldn't even be counted as part of the same cluster. To make matters worse, I started the pass on a dashed line but ended up crossing over a solid one. Now, they’re charging me with passing a four-car line across a solid line—honestly, I have no clue where they even found a fourth vehicle. After the incident, the officers followed me in their cruiser for about 6.2 miles before finally pulling me over. They explained why they stopped me, scribbled the citation in a notebook, and let me go. I didn't sign anything, so I haven't technically admitted fault. Plus, I have my passenger there as a witness. What kind of options am I looking at here? Is there a realistic chance an appeal would actually work? Please, I need a quick response—I've only got 7 days left...
Jesse Sullivan2 Jesse Sullivan2 Active Member
58 messages
joined Dec 2010
#1395 ·
Police in a van?! Man, it’s a good thing you didn't end up in a cell in Chicago instead. 😁
But hey, go ahead and complain if you want... assuming you actually have a leg to stand on.
brightfalcon522 brightfalcon522 Newcomer
8 messages
joined Feb 2009
#1396 ·
Christian Reed67 said:Does anyone here have experience dealing with traffic citations? I could really use some advice on the smartest way to play this:
I was passing a line of two cars, but the third vehicle was far enough away from the others that it shouldn't even be counted as part of the same cluster. To make matters worse, I started the pass on a dashed line but ended up crossing over a solid one. Now, they’re charging me with passing a four-car line across a solid line—honestly, I have no clue where they even found a fourth vehicle. After the incident, the officers followed me in their cruiser for about 6.2 miles before finally pulling me over. They explained why they stopped me, scribbled the citation in a notebook, and let me go. I didn't sign anything, so I haven't technically admitted fault. Plus, I have my passenger there as a witness. What kind of options am I looking at here? Is there a realistic chance an appeal would actually work? Please, I need a quick response—I've only got 7 days left...

Signing that ticket doesn't mean you're pleading guilty. That’s a complete misunderstanding of how this works. You’re just acknowledging that you received the citation—it’s exactly like signing for a certified letter from the USPS. Besides, you don't even have to sign it. Whether you put pen to paper or not, the situation remains exactly the same.

Two vehicles don't make a convoy. You need at least three for that. And as for the solid line, we all know exactly what that means.

Check the Misdemeanor Act. Look specifically at the section covering citations and mandatory tickets. It lists exactly what needs to be included in an appeal for it to actually be accepted. It’s not like it was a year ago. Back then, you could just write whatever nonsense Antuntun felt like under the "Appeal" heading and they'd take it. Not anymore.

Since you weren't handed a citation or a mandatory notice right there at the scene, there's nothing to contest yet. You just have to wait for the ticket to arrive at your house. Once that official notice hits your mailbox, you have exactly eight days to file your appeal.

A mandatory citation is issued for any offense where the penalty is a fine. Only. Fines can hit you hard. You're looking at a maximum penalty of $2,000. For any other violations, the fine might be lower than that, but it stays within that range alongside other penalties. $667...but also larger than $667The court can also issue a driving ban alongside penalty points. In those cases, a citation is filed under the Misdemeanor Act.
Anthony Diaz10 Anthony Diaz10 Newcomer
7 messages
joined Feb 2009
#1397 ·
Megan Rogers4 said:That is precisely the point that has been weighing on my mind. While I am certainly no legal expert, I suspect I may have run afoul of Section 12 of the Misdemeanor Act by parking in a prohibited zone, even though my vehicle was not obstructing traffic or compromising anyone's safety.

brightfalcon522 Jesse Sullivan2:
Under Article 84, Section 1 of the Traffic Safety Act—which addresses endangering public safety or obstructing the flow of traffic—the authorities also find grounds to move vehicles that have been parked in violation of Section 12, Subsection 4, or Section 80, Subsection 3. This typically applies when a driver ignores "No Parking" or "No Standing" signs, or simply decides to park right in the middle of the roadway where no designated spots exist. In those specific instances, you aren't just dealing with the towing; you will also be hit with a fine for improper parking.

Well, that’s just it. I honestly cannot wrap my head around why they went through the trouble of having Spider-Man tow my car away instead of simply issuing a fine.

Section 12.
(4) All drivers must comply with all restrictions, prohibitions, and obligations indicated by posted traffic signs.

Why didn't you just explain the situation right away?

Žoharzilla
You figured out what was going on immediately. Nice work.👍
Noah Murphy44 Noah Murphy44 Newcomer
3 messages
joined Feb 2009
#1398 ·
Hey there. I’m looking for some clarity here. I received a citation from the Department of Justice, and I filed a timely objection directly with them. The DOJ then forwarded my objection to the Military Police. However, the Military Police rejected my claim, calling it baseless. Now, the DOJ has sent me their decision confirming that my objection was denied. Is there any way to appeal the Military Police's decision? Thanks in advance for any insight you can offer.
Lawrence Wood56 Lawrence Wood56 Newcomer
9 messages
joined Jul 2008
#1399 ·
Noah Murphy44 said:Hey there. I’m looking for some clarity here. I received a citation from the Department of Justice, and I filed a timely objection directly with them. The DOJ then forwarded my objection to the Military Police. However, the Military Police rejected my claim, calling it baseless. Now, the DOJ has sent me their decision confirming that my objection was denied. Is there any way to appeal the Military Police's decision? Thanks in advance for any insight you can offer.

Actually, I think the Department of Justice sent your objection over to the relevant Municipal Court, not the Military Police.

Noah Murphy44 said:Hey there. I’m looking for some clarity here. I received a citation from the Department of Justice, and I filed a timely objection directly with them. The DOJ then forwarded my objection to the Military Police. However, the Military Police rejected my claim, calling it baseless. Now, the DOJ has sent me their decision confirming that my objection was denied. Is there any way to appeal the Military Police's decision? Thanks in advance for any insight you can offer.

I guess if you look at the end of any official document, there should be some legal instructions on how to proceed.
Noah Murphy44 Noah Murphy44 Newcomer
3 messages
joined Feb 2009
#1400 ·
The paperwork rejecting my objection claimed it was an order issued by the Military Police. Honestly, even I couldn't make head or tail of it. It arrived via the Department of Justice, yet they were citing a Military Police decision. To top it off, there wasn't a single word on the document regarding any legal recourse. No instructions, no guidance—nothing. Even looking through the statutes, there’s nothing mentioned besides the option to file an objection against a misdemeanor citation.

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