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21461(a) traffic ticket in California?

Been involved in a traffic accident? Discuss traffic laws here

21461(a) traffic ticket in California?

Postby wardell » Wed Nov 30, 2011 7:12 am

Got a ticket for stopping in the no parking anytime lane (picture attached). Does 21461 (a) even apply to my case?
The Sign:
http://highwaytrafficsupply.com/images/regulatory_signs.html/R7-1.jpg

Scenario:
I was driving with my friend and saw another friend on the walking. Checked in the rear view mirror it was safe to stop. Stopped the car > friend got into the car and we started to move. The curb was not painted red. Just then a police officer turned the lights on and gave me a ticket. He was not ready to listen to anything.

The bail amount is USD 244 and there are even points which will be reported to the DMV.

Pictures of the road:
http://i39.tinypic.com/25rdpau.png
http://i40.tinypic.com/11vo5yc.png
wardell
 
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21461(a) traffic ticket in California?

Postby bellden » Wed Nov 30, 2011 7:14 am

This is TPB: Typical Pig Behavior.

I would reccomend getting an attorney.
bellden
 
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21461(a) traffic ticket in California?

Postby francisco » Wed Nov 30, 2011 7:19 am

The officer who cited you was an idiot. First, if all that happened was a passenger pickup, you were not parking at all, because the legal definition of parking specifically EXCLUDES loading or unloading passengers. (Veh C 463.) Second, Veh C section 21461 specifically EXCLUDES parking violations (those found in Chapter 9 of the Vehicle Code) from the application of that statute. (See Veh C 21461(b).)

I would suggest doing a trial by declaration, where you simply declare that you were cited for unlawful parking for picking up a passenger, which a) is not "parking" (See Veh C 463), and is not punishable under section 21461 at any rate (see Veh C 21461(b). After you are found not guilty, you might think of making a complaint to the officer's employing jurisdiction. Who knows how far this officer's ignorance may extend.

You will want to look at these documents:
http://www.courts.ca.gov/documents/tr200.pdf
http://www.courts.ca.gov/documents/tr205.pdf
francisco
 
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