Should I fight this ticket?

[brothmc]

I was meeting someone in a Moe's parking lot that was full so I blocked her in by parking perpendicular to her car and hopped out to hand her something. There were several HP officers meeting at Moe's for dinner and on lady rudely ordered me into my car and then wrote me a ticket for 316.194(1) which is 154 dollars and 3 points! ((1) Upon any highway outside of a municipality, no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway when it is practicable to stop, park, or so leave the vehicle off such part of the highway; but in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles, and a clear view of the stopped vehicle shall be available from a distance of 200 feet in each direction upon the highway.))
Since I was in a parking lot and not the highway -- can I take this to court and stand a chance because I am recently unemployed and really cant afford this ticket!

 

[fiveohpoepoe]

Based on what you said I would say fight it. A PVA[private vehicular area] is limited on what someone can be charged with. Normally DWI, Careless and Reckless are the typical charges.

 

[VenomRogue]

fight it.

 

[VirtualSVT]

Did you leave your vehicle running when you exited it?

Has there been an increase in car jacking/thefts in your area?

I know the local PD's will enforce that when the incidents go up.

Still kinda fishy though. I'd wait for a FL LEO or check with a lawyer.

 

[Outlaw99]

can you re-write your first two sentences so i can understand exactly what you did better? that doesnt really make any sense.

 

[svtcop]

Not sure how this would apply to you if you were in a parking lot. :shrug:

Feel free to go to court.

 

[FordSVTFan]

I was meeting someone in a Moe's parking lot that was full so I blocked her in by parking perpendicular to her car and hopped out to hand her something. There were several HP officers meeting at Moe's for dinner and on lady rudely ordered me into my car and then wrote me a ticket for 316.194(1) which is 154 dollars and 3 points! ((1) Upon any highway outside of a municipality, no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway when it is practicable to stop, park, or so leave the vehicle off such part of the highway; but in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles, and a clear view of the stopped vehicle shall be available from a distance of 200 feet in each direction upon the highway.))
Since I was in a parking lot and not the highway -- can I take this to court and stand a chance because I am recently unemployed and really cant afford this ticket!

The trooper definitely wrote you under the wrong section of the Florida Statutes. I would fight it.

 

[oldmodman]

Adam hath spoken.

Fight it.

 

[TDUB003]

Adam hath spoken.

Fight it.

A big +1. If SVTFan is telling you to fight it I like your chances.

 

[VenomRogue]

holy shit, adam and I actually agree on something.

 

[FordSVTFan]

Adam hath spoken.

Fight it.

It is the wrong section of the Florida Statutes. It doesn't mean the trooper won't try to amend at the hearing. But that can be countered with the disparity in charge, especially considering the charge written is considered a moving violation.

A big +1. If SVTFan is telling you to fight it I like your chances.

I do too.

holy shit, adam and I actually agree on something.

Errr, okay :shrug:

 

[fiveohpoepoe]

I believe what Adam is referring to is leaving a vehicle unattended while he vehicle is running. NC has the law and I have written several people for the violation.
Common sense NOT to do this when you park, leave the drivers door open and walk in to get a cup of coffee. It takes a couple of seconds for someone to get in and throw it into drive.

 

[brothmc]

The car was running - but I was standing maybe 5 feet from it as I ran to pick up my college transcripts from my ex that were sent to my previous house. It was a full parking lot and there werent any spots around her parking spot so I parked behind her and thats when the officer took notice. Any SVT lawyers by chance??

 

[fiveohpoepoe]

You were not cited for the violation I mentioned. As far as lawyers, you do not need to go any further than Adam

 

[FordSVTFan]

The car was running - but I was standing maybe 5 feet from it as I ran to pick up my college transcripts from my ex that were sent to my previous house. It was a full parking lot and there werent any spots around her parking spot so I parked behind her and thats when the officer took notice. Any SVT lawyers by chance??

I am a former Fed. L.E.O. and a current Florida State Prosecutor as well as reserve deputy sheriff.

You were not cited for the violation I mentioned. As far as lawyers, you do not need to go any further than Adam

 

[Blade Runner]

The car was running - but I was standing maybe 5 feet from it as I ran to pick up my college transcripts from my ex that were sent to my previous house. It was a full parking lot and there werent any spots around her parking spot so I parked behind her and thats when the officer took notice. Any SVT lawyers by chance??

I am a former Fed. L.E.O. and a current Florida State Prosecutor as well as reserve deputy sheriff.

And there you have it, ladies and gentlemen....LOL

I would fight it as well, O.P..

 

[marshal wall]

Fight the ticket.