Question:
Back in December of 2002 I( was in Zachary LA when I pulled up in front of a Wendys at 8 pm on a Friday evening. This was on a five lane road in town, two lanes each direction one center turn lane. I was in Wendies less than 5 minuts actually 4 minutes. according to the officer. It was on a straight strech of road with no, no parking signs anywhere. I put my 4 ways on and ran in to grab a burg to go. When I came out the town police were sitting behind me with their flashers on. The officer ordered me to pull into a crowded Wal-Mart parking lot across the street. It was here he issued me a ticket for Ilegal lane usage and not for parking. Seing I live in KY i decided just to pay the ticket to save money of time off by going back to fight it. Now that I am applying for other employment this is showing up on my MVDR as a Ilegal lane change and irratic lane usage, which is far from the truth. Does anyone have any suggestions on how I can get this changed if i even can. Thanks Pat

Answer:

" i decided just to pay the ticket to save money of time off by going back to fight it. Now that I am applying for other employment this is showing up on my MVDR as a Ilegal lane change and irratic lane usage, which is far from the truth. Does anyone have any suggestions on how I can get this changed if i even can. "
You should always fight any ticket that you receive even if it requires going to court or hiring an attorney. Once you just pay the ticket it is entered as a guilty plea and you have no control over how it is reported. All you can do now is to put it on your application with an explanation.
A lane change citation is now considered a serious violation. Receive two serious violations in three years and your CDL license will be suspended. Always be certain how the ticket will be reported to your home state. For example, if you have a Georgia license and receive a car lane restriction ticket, it is listed as a lane change violation and considered in the serious catagory.
In many cases it is possible to get the violation reduced or changed so that it is not one of those listed as serious. All many drivers still think about is the points on their license. You can lose your CDL license or be refused coverage by the insurance companies and still have points on your license.

Answer:

KYsmiley,
It's not so unusual.
You didn't just park in a prohibited spot, you parked in a roadway ... in the traveled lane.
Here, in a town or city ... a local ordnance would apply if written by a city or town officer and I don't enforce those ... but I would have had to write it under state code as "improper stopping on a highway" under section if I did it ...
... and it is a moving violation as it does effect the safe and orderly flow of traffic.
If you were parked off the roadway and there were some "no parking signs" there, it would have been a violation under which is also a moving violation also, but which may be reduced for "just cause" by the court to a non moving violation under
The state posts no parking for one reason .... that being that vehicles parked there may reasonably be expected to hinder the safe and orderly flow of traffic .... like maybe they would block the view of others attempting to enter or exit a parking lot at the gas station or an intersection nearby, or it's along an interstate or exit ramp too close to the roadway.
The difference is that in cities and towns, parking ordnances are enacted and enforced in the added function of providing a turnover of usable spaces so that more people may use them through the day, and to provide for deliveries, and to dissuade office workers from tying up the few public parking spaces available on street sides. Meters are used to collect monies to provide for the enforcement of those same ordnances in some localities as it takes a lot of dimes and nickels to pay a salary and provide the officer(s). Even here locally, the parking in a roadway (like in front of our Windy's also) would be handled under a city adopted version of the same state code "888" that I mentioned above, the parking tickets are reserved for those actually parked but whose time has run out or those whom have left thier vehicle in a 10 minute zone for an hour, etc ... and the local parking officer is quick to call a regular patrol officer and cause a vehicle to be towed fast if deemed necessary (it's a "history rich" town with a couple colleges where students and tourist alike will park and leave a vehicle blocking egress or ingress or otherwise in a position where it must be moved now).
Violations of city parking ordinances do not generally carry any demerit points, they aren't state law and aren't uniform among all cities or towns.
Violations of city ordnances ("speeding" or "reckless driving" for example) which are adopted verbattum from state code or those specifically authorized by state code do carry demerit points where they effect the safe and orderly flow of traffic.
Bottom line: If ever in doubt, always ask what the nature of the charge is ...
... is it a violation of a local parking ordnance ...
... or is it in fact, a moving violation ...
... so that you may make an informed decision about contesting or paying it before the clock has run out.

Answer:

CP?
Kind of on the same line.
I got into a bit of a jam in Kearney Mo. once in the early morning hours.
I parked in front of a service station on the gravel shoulder, where no signs were posted.
Went in, got my drink, came out, made a nice big wide u-turn at the traffic-lighted intersection and wham! Brakes locked up.
Found out I had a busted glad hand coupler of all things.
After we got the thing moved to the car stop for repair, the officer told me he was going to cite me for illegal parking or an illegal u-turn, but no signs for either were posted.
And there was no traffic,
He did not cite me because the mechanic said the part broke due to mechanical failure.
So would he have been justified for citing me in that situation? Even if he was not a witness?
This was an old style trailer that used the small rubber hose for air lines from the glad hand to the trailer brakes. Not the type used today.

Answer:



Answer:


I don't know MO. law, nor do you state where the LEO found you. If he found you "stopped" in the roadway ( which may well have looked "parked" to him when he told you that, and before he knew about the gladhand ). I also don't know if he was referring to state or local law ....
To answer the question based strictly on the info presented, ( and I have to assume he did in fact "find you" somewhere besides in a mechanic's workbay however, as LEO seldom go there looking unless looking for a suspect vehicle of some sort connected to a hit & run, etc) ...
I will refer to our section and say if the u-turn was at an intersection, and was visable to traffic for the required distance, and didn't violate another statute dealing with lawful right of way rules (in other words, you didn't just whip it around in the middle of traffic), ...
... and asuming there were no reasons you couldn't park in the gravel spot ...
... I would say NO and likely he would have said so also, which is probably why he didn't: