How to Fight Traffic Citations for Parking Lot Incidents?

Question from Dickie, How to Fight Traffic Citations for Parking Lot Incidents?

Answer from AI:

If you received traffic citations while parked in a private parking lot, you might have grounds to contest them. Here’s a general guide on how to approach this situation:

Understanding the Citations

First, let’s break down the citations you received:

1. **Operating a Motor Vehicle on a Highway Without a License**: This typically means driving without a valid driver’s license on public roads.
2. **Failure to Maintain Financial Responsibility**: This usually refers to not having valid car insurance.

Key Points to Consider

To contest these citations, you need to understand the legal definitions and requirements:

• Highway/Public Street Definition: Most traffic laws apply to public roads, highways, and streets. Private parking lots are generally not considered public highways.
• Driver’s License Requirement: You typically need a driver’s license to operate a vehicle on public roads, but this requirement may not apply if you were not driving on a public street.
• Insurance Requirement: Similar to the driver’s license, insurance is required for vehicles operated on public roads.

Steps to Fight the Citations

Here are the steps you can take to contest the citations:

1. Gather Evidence: Collect any evidence that shows you were in a private parking lot. This could include photos, videos, or witness statements.
2. Review Local Laws: Look up your state’s traffic laws to understand the definitions of “highway” and “public street.” You can find these laws on your state’s official website or through legal resources like [FindLaw](https://www.findlaw.com/).
3. Prepare Your Argument: Based on your evidence and understanding of the law, prepare a clear argument that you were not on a public road and therefore the citations should not apply.
4. Attend the Court Hearing: Show up to your court date with all your evidence and be prepared to present your case. Be respectful and concise in your argument.

When to Seek Legal Advice

While you can represent yourself in traffic court, it might be beneficial to consult with a legal professional, especially if:

• You are unsure about the legal definitions and how they apply to your case.
• You need help gathering and presenting evidence.
• You want to increase your chances of successfully contesting the citations.

Legal professionals can provide personalized advice and represent you in court. You can find a lawyer through resources like the [American Bar Association](https://www.americanbar.org/).

Additional Resources

For more information on traffic laws and how to contest citations, you can refer to:

• [Nolo’s Guide to Traffic Tickets](https://www.nolo.com/legal-encyclopedia/traffic-tickets-violations/)
• [FindLaw’s Traffic Violations Section](https://www.findlaw.com/traffic/)

Remember, each case is unique, and the outcome can depend on various factors. Consulting with a legal professional can provide you with the best course of action tailored to your specific situation.