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Parking violation OMC 10.01.085 in Olathe

Discussion in 'Parking Tickets, Towing, Impound' started by Mori1, Apr 12, 2010.

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  1. Mori1

    Mori1 Law Topic Starter New Member

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    Here is my problem, early Saturday morning sometime after 3 am. I parked in front of a cart corral in the grocery store parking lot, not thinking anything of it. I was approached by officer in the store asking me to step out into the parking lot. I thought my car had been hit or someone had tried to break into it. Basically, I had been pulled out because of where I parked because I was preventing carts from being put in the cart corral. So I went to move my car but I was asked if I was in a hurry, I said no that I was going to move my car. I thought I was getting a warning so I wanted to move it. She took my information an issued me a parking ticket, OMC 10.01.085. Now, I know shouldn't have parked there especially when there was plenty of parking spaces. In my defensive the place where the movable cart corral is was a parking space up until a few months ago. Also, nobody uses the corral that early in the morning. I know what I did wasn't the smartest thing but how it a parking prohibited in specified places?
     
  2. mightymoose

    mightymoose Moderator

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    Below is the text for the section you were cited for. Simply put, you got a bogus ticket. You can simply pay it to make it go away-- it won't effect your insurance or license OR you can go to court and let that officer try to explain how the situation fits one of these scenarios:

    10.01.085 Stopping, Standing or Parking Prohibited in Specified Places. Except when
    necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police
    officer or official traffic-control device, no person shall:
    (a) Stop, stand or park a vehicle:
    (1) On the roadway side of any vehicle stopped or parked at the edge or curb of a
    street;
    (2) On a sidewalk;
    (3) Within an intersection;
    (4) On a crosswalk:
    (5) Between a safety zone and the adjacent curb or within 30 feet of points on the
    curb immediately opposite the ends of a safety zone, unless a different length is indicated by
    signs or markings;
    (6) Alongside or opposite any street excavation or obstruction when stopping,
    standing or parking would obstruct traffic;
    (7) Upon any bridge or other elevated structure upon a highway or within a highway
    tunnel;
    (8) On any railroad tracks;
    (9) On any controlled-access highway;
    (10) In the area between roadways of a divided highway, including crossovers;
    (11) At any place where official signs prohibit stopping;
    (12) So as to block a sidewalk or access to a sidewalk whether parked on private or
    public property; or
    (13) So as to block access to a streetside mailbox between the hours of 8:00 a.m. and
    5:00 p.m. Monday through Saturday.
    (b) Stand or park a vehicle, whether occupied or not except momentarily to pick up or
    discharge a passenger or passengers:
    (1) In front of a public or private driveway;
    (2) Within 15 feet of a fire hydrant;
    (3) Within 20 feet of a crosswalk at an intersection;
    (4) Within 30 feet upon the approach to any flashing signal, stop sign or traffic control
    signal located at the side of a roadway;
     
  3. Mori1

    Mori1 Law Topic Starter New Member

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    Thanks that what I thought. My insurance agent said I should go and take a picture of the parking lot, where the cart corral is located. I think I should gotten a warning, not a ticket.
     
  4. army judge

    army judge Super Moderator

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    The parking ticket on private property is very rare.
    The three that I know of are related to handicap parking spaces, fire hydrants, and fire lanes.
    Parking lots are private property.
    Other than the three tickets I cited above, I can think of no other exceptions, including CART CORRALS.
    Fight the ticket.
    You'll win.
    The officer had no authority to issue that citation.
    Your picture would only help your case.
    You could also make an appointment to see the police chief.
    Take the ticket and the picture, he'll void it
    Or, visit the city attorney and show it to him/her.
    The city attorney will nolle prossequi (dismiss) on the spot!
     
  5. mightymoose

    mightymoose Moderator

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    The option in this case, at the discretion of the store, was to have your vehicle towed. I'm betting the store had no part in this.
    Some people will still pay the ticket just to avoid the hassle of going to court... up to you.
     
  6. Mori1

    Mori1 Law Topic Starter New Member

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    I know the guys that work there, they would have asked me to move the car. The officer even told me that they just happen to going by when they saw my car. Okay then I will take the picture and then figure how to an appointment with the city attorney or maybe it would be easier to see the chief of police. I hate to make trouble. Maybe, I'll wait until my court date which is a month away. Anyway thank you so very much.
     
    Last edited: Apr 12, 2010
  7. mightymoose

    mightymoose Moderator

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    If you just got the citation this weekend you might have quick results by visiting the PD and complaining to the Sergeant on duty or Chief if you can get him... if they agree that their officer was being a moron and don't want to be embarrassed in court then they can stop the paperwork from being submitted to the DA... once they pass it on to the court though it is pretty much out of their hands.
     
  8. Mori1

    Mori1 Law Topic Starter New Member

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    It happened Saturday morning, if I go by on Wednesday would it be too late?
     
  9. mightymoose

    mightymoose Moderator

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    Depends on the agency... some send it right away and others may hold it for a week or so.
     
  10. Mori1

    Mori1 Law Topic Starter New Member

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    I will see if I can try tomorrow. I need to take the picture first and my friend has the digital camera. And no I don't own a cell phone.
     
  11. Mori1

    Mori1 Law Topic Starter New Member

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    Well, I took a picture and went to the police station. I talked the Sergeant on duty, didn't try for the chief. Basically, I was told that once the ticket is written I have to go to the court date. So now I have to wait but at least I have the documentation that I need. Thanks for your help.
     
  12. army judge

    army judge Super Moderator

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    Be proactive, meet with the prosecutor.
     
  13. Mori1

    Mori1 Law Topic Starter New Member

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    Do you mean the city attorney? I found his number and email address. Would it better for me to call or email?
     
    Last edited: Apr 13, 2010
  14. army judge

    army judge Super Moderator

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    Yes, in this case, the city attorney.

    Try both and see which gets the better response.

    I spent some time a few years ago in your neck of the woods.

    There was great pizza place and sports bar, "THE OTHER PLACE".

    They made some of the best pizza I've ever had.

    Are you familiar with it?
     
  15. mightymoose

    mightymoose Moderator

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    Ya... for something this dumb you might get them to pick it out of the pile before the court date. If it were me I would also write a nasty letter to the chief of police and provide a copy of the picture and citation.
     
  16. Mori1

    Mori1 Law Topic Starter New Member

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    Yes, its off of Santa Fe. I have never been in but always seems busy.


    I have a high regard for the police. I think they do the best they can with what little we pay them. So no letter, instead I will show her what she didn't show me. As long as the city attorney is willing to listen to my case, that is.
     
    Last edited: Apr 13, 2010
  17. Mori1

    Mori1 Law Topic Starter New Member

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    I sent an email to the city attorney and I wasn't expecting him to be in his office. Anyway, my email was forwarded to the Olathe City Prosecutor’s office. I will keep you updated.
     
  18. Mori1

    Mori1 Law Topic Starter New Member

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    I have an appt with the city prosecutor today. Any words of wisdom?
     
  19. army judge

    army judge Super Moderator

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    Be polite, calm, and brief.

    State your legal case, not an emotional one.

    Show your pictures.

    I think it'll go your way.

    You've done well with us here, and many of us are skeptical.

    Nonetheless, you convinced us right off the bat.

    Good luck!!!!
     
  20. Mori1

    Mori1 Law Topic Starter New Member

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    Legal it will be, emotionally I would give myself a ticket. I just want the words to make sense as they come out of my mouth. Thank you for your help, I will let you know how it goes.
     

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