My question involves a traffic ticket from the state of: California
Hello, I just received a ticket in San Diego for violating SDMC 86.0111. The statute is as follows:
No person driving, or in control of, or in charge of, a motor vehicle shall permit it to stand on any highway unattended when upon any grade exceeding three percent (3%)
within any business or residence district without blocking the wheels of said vehicle by turning the front wheels diagonally against the adjacent curb so as to prevent the
vehicle from rolling down said grade.
The fine is $59.50, and although I'm certainly able to pay it, it seems just downright petty to ticket me for that. Not to mention, the hill that I was parked on isn't exactly steep, and out of the dozens and dozens of cars out there right now, nobody has their wheels turned in. Not one person. And I didn't see tickets on any of their vehicles.
My question is this: How would the officer know the grade of the hill? Would he need to measure it? Or can he make the assumption that it probably just is greater than 3%? And is that something that he would have to prove in court? A 3% grade seems almost imperceptible as it is less than 2 degrees of inclination, but I would think it must still be measured if the officer is making the claim that I violated this statute. It clearly states on the ticket that the officer declares under penalty of perjury that the information is true. Can such a claim be made if he didn't actually know the grade of the hill prior to issuing the ticket? I know I'm making an assumption that he didn't know the grade of the hill, but I also doubt that the average police officer has the tools or the know-how to actually measure and find the grade.
Hello, I just received a ticket in San Diego for violating SDMC 86.0111. The statute is as follows:
No person driving, or in control of, or in charge of, a motor vehicle shall permit it to stand on any highway unattended when upon any grade exceeding three percent (3%)
within any business or residence district without blocking the wheels of said vehicle by turning the front wheels diagonally against the adjacent curb so as to prevent the
vehicle from rolling down said grade.
The fine is $59.50, and although I'm certainly able to pay it, it seems just downright petty to ticket me for that. Not to mention, the hill that I was parked on isn't exactly steep, and out of the dozens and dozens of cars out there right now, nobody has their wheels turned in. Not one person. And I didn't see tickets on any of their vehicles.
My question is this: How would the officer know the grade of the hill? Would he need to measure it? Or can he make the assumption that it probably just is greater than 3%? And is that something that he would have to prove in court? A 3% grade seems almost imperceptible as it is less than 2 degrees of inclination, but I would think it must still be measured if the officer is making the claim that I violated this statute. It clearly states on the ticket that the officer declares under penalty of perjury that the information is true. Can such a claim be made if he didn't actually know the grade of the hill prior to issuing the ticket? I know I'm making an assumption that he didn't know the grade of the hill, but I also doubt that the average police officer has the tools or the know-how to actually measure and find the grade.
Parking Tickets: Ticketed for Not Turning Wheels to the Curb While Parked on a Grade
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