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Hello, I need advice on a citation i recieved

Discussion in 'Parking Tickets, Towing, Impound' started by Hbgtoatl, Jun 26, 2019.

  1. Hbgtoatl

    Hbgtoatl Law Topic Starter New Member

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    Hello, I got a $100 dollar parking ticket recently. I need help with trying to beat this ticket, yes I am in GA. I attached a photo of what the officer attached to my appeal that I am trying to file online. Well I got a freaking $100 ticket/citation cuz my wheels touching the sidewalk.. the sidewalk is as flat as the street so I didn't know my wheels were touching the sidewalk. I need advice bad on this situation. I want to appeal it in hope that I can get it thrown out. I posted a picture of my car that they took, I am appealing it, and I need to write an explanation on why I want to appeal it. Can somebody please help me come up with an explanation, if you are good at beating tickets like this, please reach out to me. I don't have a $100 dollars laying around. I can say it was a very busy day, it was during the 107.9 birthday bash in ATL. Parking spots were tight that day. I posted the picture they took of my car online the appeal process. Please advise.
    InkedGetCitationImageUrl_LI.jpg
     
  2. mightymoose

    mightymoose Moderator

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    First, obtain the actual language of the local code or state statute you allegedly violated. Once you know the actual language, look again at the photo and decide if you have any reasonable argument to make.

    For example, does the language specify that no part of the vehicle shall touch the sidewalk? If so, you might have a hard argument to make.

    Is the language about obstructing a sidewalk with nothing specific about where tires touch? If so, you could probably make a good argument that any person could easily move by your vehicle as it was parked.

    You need to know the language of the law so you can properly frame your appeal.
     
  3. Zigner

    Zigner Well-Known Member

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    The law is quite clear:

    Municode Library


    Sec. 150-99. - Stopping, standing or parking of a motor vehicle on sidewalk or within five feet of the public right-of-way.
    (a)


    No person, except as otherwise provided for in subsection (b) below, shall stop, leave standing or park any passenger vehicle, automobile, light truck, sport utility vehicle, or motorcycle, whether attended or unattended, on any portion of a sidewalk or other pedestrian access route adjacent to the public right-of-way within the city's municipal street system and on extensions of a county road system within the city's corporate limits, except when necessary to avoid conflict with other traffic, or in compliance with the directions of a peace officer or official traffic control device. Any person violating this section shall, on conviction, be punished, as follows:


    DATE FINE

    Thru 12/31/03 $50.00

    01/01/04 thru 12/31/04 75.00

    After 12/31/04 100.00

    There is no exception for it being a busy day or for it being tight parking because it's Atlanta's birthday.
     
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  4. Zigner

    Zigner Well-Known Member

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    The OP has no basis for appeal.
     
  5. Hbgtoatl

    Hbgtoatl Law Topic Starter New Member

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    \
    Aww man

    my ticket was $100 dollars not 50 at all... is there anything i can do?
     
  6. Zigner

    Zigner Well-Known Member

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    In the code section I quoted, it's a table - it just didn't translate well.
    If you got the ticket on 12/31/2003 or earlier, the fine is $50
    If you got the ticket between 1/1/2004 and 12/31/2004 (inclusive), the fine is $75
    If you got the ticket after 12/31/2004, the fine is $100

    Since 2019 is after 12/31/2004, the correct fine is $100
     
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  7. zddoodah

    zddoodah Well-Known Member

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    The picture does not support your assertion that "the sidewalk is as flat as the street." However, even if that were true, you knew when you got out of your car that you were parked on the sidewalk and could have moved your car.

    We're not here to help you invent things that aren't true, and only you know the actual "explanation."

    Then you should have been more careful when you parked.

    Were you in fact cited for violating the section of the Atlanta Municipal Code that "Zigner" quoted?

    Please re-read what "Zigner" quoted:

    As I assume you are aware, it is about 14 1/2 years "[a]fter 12/31/04."
     
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  8. Hbgtoatl

    Hbgtoatl Law Topic Starter New Member

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    I didn't know i was parked on the sidewalk, do you notice that im not the only car on the sidewalk i thought i was lined up like the other cars!


     
  9. army judge

    army judge Super Moderator

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    One only needs to observe the photograph to see clearly that your vehicle's tires are, indeed, resting on the sidewalk.

    Furthermore, the curb although it is flat is "clearly" depicted.

    I see no legal basis upon which you could appeal the citation successfully.

    You could inform the judge that your finances are insufficient to pay the $100 charge in full, and you'd like to make payment arrangements to avoid becoming a deadbeat.

    You'll have to suggest what you can do to satisfy the debt, something like this: "Your honor, I can pay $20 today, and will be able to pay $20 every two weeks for the next eight weeks."

    Good luck.
     
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  10. mightymoose

    mightymoose Moderator

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    It doesn't matter that you didn't know. You are responsible for how you operate the vehicle. The picture shows you were not likely the only person to get dinged for this.

    If the code referenced above is the one you were cited for then you don't likely have any wiggle room. If you were instead cited on a local ordinance then you might still have a chance, depending on the language.
    Otherwise, your appeal effort won't do much more than buy you a little extra time to come up with a hundred bucks.
     
  11. Zigner

    Zigner Well-Known Member

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    The code section I listed is the local ordinance ;)
     
  12. mightymoose

    mightymoose Moderator

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    Well that is probably the correct one if it was a citation from city PD. Still worth confirming if looking for a way out.

    Does the violation on the ticket match the code referenced above? 150-99?
    If not, what is on the citation?
     
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  13. shadowbunny

    shadowbunny Member

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    And, chances are, all those other bad parkers also got tickets.
     
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  14. Hbgtoatl

    Hbgtoatl Law Topic Starter New Member

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    yes, it states 150-99(A)
     
  15. mightymoose

    mightymoose Moderator

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    Your appeal won't get you anything more than time. The language of the statue leaves you with no grounds to have it dismissed based on your circumstances.
    You will have a couple months to come up with $100. It's doable.
     
  16. Hbgtoatl

    Hbgtoatl Law Topic Starter New Member

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    how will i get a couple of months to pay the $100 dollars?
    do i ask the judge? I read somewhere if i take it to court there is a chance i might end up paying more, why do you think i will pay less?
     
  17. mightymoose

    mightymoose Moderator

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    You have between now and the date on the citation, which often is several weeks from the date of issue. You likely won't see a judge over this. It is probably handled administratively by an appointed appeals officer in the department.
    If you appeal you will probably get even more time unless they require payment first.
     
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  18. zddoodah

    zddoodah Well-Known Member

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    The picture makes it look like it would be hard not to notice. In any event, you should have known.

    I did indeed notice that. Do you have any information as to whether the other cars also were ticketed? Even if they weren't, it's not a defense that a bunch of other people violated the same law as you and got away with it.
     
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  19. Hbgtoatl

    Hbgtoatl Law Topic Starter New Member

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    The sidewalk is as flat as the street trust me it is... i had no clue at all... both street and sidewalk blends in together... i talked to other ppl that lives over there and they said they been giving a ticket in the past for the same violations... the sidewalks are flat like the street there is no way you can really feel or tell... i took pictures of the sidewalk when no cars were over there.

    p.s. i tried to post this yesterday but it wouldnt allow me due to my 5 posts
     

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  20. Highwayman

    Highwayman Well-Known Member

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    It doesn't matter, you should have checked where you were after you parked.
     

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