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help with Opposing Traffic ticket

 
 
vtp
 
Reply Tue 18 Dec, 2007 12:08 pm
hi all,
I'm seeking opinions on what I should do about a ticket I got recently.

Basically, I tried to park on the wrong side of a two-way street, and a cop caught me and gave me a ticket. He wrote down "opposing traffic" on the ticket, which is a "driving violation".

I think driving violation is more serious and may affect my insurance rate.

If that is the case I would like to argue with the court that it was a "parking violation", which was in fact the case (I wasn't driving on the wrong side). The cop that gave me the ticket was trying make it difficult for me though; he told me that I had to get from one side to the other, and back the other way, so I must have been and will have been "driving" in opposite direction, regardless of how small that amount of time is.

This is a University street and in fact my university listed "opposing traffic" as a parking violation not a driving offense (#9 on this page here: http://bf.memphis.edu/parking/article5.php ). The cop, I think, was ridiculous, because according to his argument it would be impossible to have "opposing traffic" as a parking violation because to park on the wrong side of the street you will have to drive to the other side anyway.

Okay, I am not familiar with the law and I wonder if my situation is a parking or driving violation. And if I fail to convince the judge, do I have to pay for the court fee or any fee like that?

Thanks so much.
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Ticomaya
 
  1  
Reply Wed 19 Dec, 2007 11:22 pm
Several questions come to mind:

What kind of a cop gave you the ticket: University or Memphis City? Did you get cited for a University Code violation or a Memphis Code violation?

Did the cop observe you driving your vehicle? Seems that way since you had contact with him/her.

On the ticket, what "code section" is charged? That ought to be your best indicator of whether this is a moving violation or not. Cross-reference the code section to see what the actual text of the violation is.

If the cop didn't observe YOU driving the vehicle, but he's citing you for a moving violation, you certainly should fight it. Make the cop testify about facts he did not see. Then move for judgment as matter of law after the prosecutor is finished with his case in chief. More than likely, it wouldn't even get to trial.
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vtp
 
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Reply Thu 20 Dec, 2007 01:17 pm
I was ticketed by a memphis city cop. The code of violation is "Duty to drive to the right side of roadway".

I don't think he saw me getting there, but his argument is right in the sense that I had to get from one side to the other side of the street. The question is what constitutes "driving on the wrong side". Is getting from one side of the street to the other considered "driving on the wrong side"?

This is what actually happened. I was supposed to pick up my wife from a university building. I didn't want her to cross the street. So I got to the other side and parked there. A few minutes later, a cop showed up and ticketed me. If he ticketed me for parking violation, that's fine and that's fair. But I think it's unfair for him to give me a driving violation.

Thanks.
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Ticomaya
 
  1  
Reply Thu 20 Dec, 2007 01:22 pm
Okay ....

Ticomaya wrote:
If the cop didn't observe YOU driving the vehicle, but he's citing you for a moving violation, you certainly should fight it. Make the cop testify about facts he did not see. Then move for judgment as matter of law after the prosecutor is finished with his case in chief. More than likely, it wouldn't even get to trial.
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