My question involves a traffic ticket from the state of: California
BLUF:
1) Pulled over in violation of CVC 21461(a)...I was stopped at a red light in a "KEEP CLEAR" zone.
2) Submitted a TBWD stating that cited violation does not apply to stopped/standing vehicles per CVC 21461(b).
3) Was found guilty by the court.
4) Seeking advice on whether or not I have a valid argument to appeal and defend in court or should just use my trial de novo to request traffic school.
Additional Details:
On 11-16-2016, I was driving in the middle of rush hour traffic in LA. My navigation routed me to a new area to avoid traffic. As I was driving, the traffic light changed to red and I was caught in a "Keep Clear" zone and was forced to stop (which just happened to be in front of a police station). Just my luck, this was at the same time a police cruiser was looking to exit station. I was pulled over and cited for: Blocking clearly marked 'KEEP CLEAR' driveway in front of a police station. The officer that pulled me over cited me violating CVC 21461(a).
After requesting an extension and reading through old posts on these forums, I submitted a Trial by Written Declaration (TWBD) on April 25th, 2017. In my TBWD defense, I plead not guilty stating that: "Chapter 9 of the CVC outlines rules of the road regarding Stopping, Standing, and Parking. My citation (#XXXXX) states that my approximate speed was 0 mph (otherwise stopped). Thus any traffic violation will fall under Chapter 9, which pursuant to 21461(b) cannot be cited under 21461(a). In the interest of justice, I ask that the court dismiss my citation."
My reasoning for choosing this defense is that CVC 22500.2 states:
(a) A local authority may, by ordinance, prohibit a person from stopping, parking, or leaving standing a
vehicle, whether attended or unattended, except if necessary to avoid conflict with other traffic or in compliance
with the directions of a peace officer or official traffic control device, within 15 feet of a driveway that is used by an
emergency vehicle owned or operated by a police department, ambulance service care provider, or general acute
care hospital, to enter or exit a police station, ambulance service provider facility, or general acute care hospital.
This section does not apply to any vehicle owned or operated by a fire department, police department, ambulance
service provider, or general acute care hospital, if the vehicle is clearly marked as a fire department vehicle, police
department vehicle, ambulance, or general acute care hospital vehicle.
(b) A local authority that enacts an ordinance pursuant to subdivision (a) shall provide appropriate curb markings
or “KEEP CLEAR” pavement markings and post signs that delineate the area specified in subdivision (a).
While I won't argue that I may be in violation for CVC 22500.2 (which I believe amounts to a parking ticket), the officer cited me for 21461(a) and according to 21461(b) cannot be used in my case.
Thanks for your time and help!
BLUF:
1) Pulled over in violation of CVC 21461(a)...I was stopped at a red light in a "KEEP CLEAR" zone.
2) Submitted a TBWD stating that cited violation does not apply to stopped/standing vehicles per CVC 21461(b).
3) Was found guilty by the court.
4) Seeking advice on whether or not I have a valid argument to appeal and defend in court or should just use my trial de novo to request traffic school.
Additional Details:
On 11-16-2016, I was driving in the middle of rush hour traffic in LA. My navigation routed me to a new area to avoid traffic. As I was driving, the traffic light changed to red and I was caught in a "Keep Clear" zone and was forced to stop (which just happened to be in front of a police station). Just my luck, this was at the same time a police cruiser was looking to exit station. I was pulled over and cited for: Blocking clearly marked 'KEEP CLEAR' driveway in front of a police station. The officer that pulled me over cited me violating CVC 21461(a).
After requesting an extension and reading through old posts on these forums, I submitted a Trial by Written Declaration (TWBD) on April 25th, 2017. In my TBWD defense, I plead not guilty stating that: "Chapter 9 of the CVC outlines rules of the road regarding Stopping, Standing, and Parking. My citation (#XXXXX) states that my approximate speed was 0 mph (otherwise stopped). Thus any traffic violation will fall under Chapter 9, which pursuant to 21461(b) cannot be cited under 21461(a). In the interest of justice, I ask that the court dismiss my citation."
My reasoning for choosing this defense is that CVC 22500.2 states:
(a) A local authority may, by ordinance, prohibit a person from stopping, parking, or leaving standing a
vehicle, whether attended or unattended, except if necessary to avoid conflict with other traffic or in compliance
with the directions of a peace officer or official traffic control device, within 15 feet of a driveway that is used by an
emergency vehicle owned or operated by a police department, ambulance service care provider, or general acute
care hospital, to enter or exit a police station, ambulance service provider facility, or general acute care hospital.
This section does not apply to any vehicle owned or operated by a fire department, police department, ambulance
service provider, or general acute care hospital, if the vehicle is clearly marked as a fire department vehicle, police
department vehicle, ambulance, or general acute care hospital vehicle.
(b) A local authority that enacts an ordinance pursuant to subdivision (a) shall provide appropriate curb markings
or “KEEP CLEAR” pavement markings and post signs that delineate the area specified in subdivision (a).
While I won't argue that I may be in violation for CVC 22500.2 (which I believe amounts to a parking ticket), the officer cited me for 21461(a) and according to 21461(b) cannot be used in my case.
Thanks for your time and help!
Traffic Lights, Signs and Controls: Citation for Failure to Obey Traffic Control Device/Sign when Stopped, CVC 21461(A)
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