Better Call Glew: Two Question Special Edition!

Thumbnail image for Thumbnail image for Thumbnail image for Thumbnail image for Thumbnail image for Thumbnail image for Thumbnail image for Thumbnail image for Thumbnail image for Thumbnail image for Thumbnail image for Thumbnail image for Thumbnail image
Jay Brockman
Hey Mr. Glew:

I was parked in front of a fire hydrant for a second while my buddy was using an ATM and a cop gave me a ticket. Can an officer give me a ticket while my car is running and I am in the drivers seat?

Technically, the officer can cite you for what you did.  However, you have a great defense, as Vehicle Code Section 22514 states that it is illegal to stop within 15 feet of a hydrant, unless the vehicle is attended by a licensed driver, seated in the driver's seat, who can immediately move the vehicle, should the necessity arise. Assuming you have a valid Driver's License, I would highly recommend fighting this ticket, based upon what you have told me, as you have a very strong defense.
Right now my license is suspended because I got a DUI. I got caught driving and got arrested. What will happen to me?

Unfortunately for you, a violation of Vehicle Code section 14601.2 is a misdemeanor that carries a mandatory minimum jail sentence of 10 days for the first offense, and 30 days for a second. Further, a conviction under this statute carries two points on your DMV driving record. To be convicted, all that must be shown is that you drove a vehicle, and that you had knowledge of the suspension of your license. These two elements can easily be established through the testimony of the citing officer, and a representative from the DMV.

Because this is the most serious driving on a suspended license charge, I would highly recommend retaining counsel. Unless the citing officer, or a representative from the DMV, fails to show at your trial, there is a strong likelihood you will get convicted. An experienced attorney may be able to convince the prosecutor to reduce the charges, at pre-trial, to a violation of Vehicle Code section 12500, driving without a license, a much less serious charge that can be infracted, and carries no DMV points.

Send all questions to glewkimlaw@yahoo.com. And remember, Better Call Glew!



Follow OC Weekly on Twitter @ocweekly or on Facebook!
My Voice Nation Help
0 comments

Now Trending

From the Vault

 

Fashion

Loading...