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 gl********@ya***.com. And remember, Better Call Glew!
Follow OC Weekly on Twitter @ocweekly or on Facebook!
Award-winning investigative journalist Nick Schou is Editor of OC Weekly. He is the author of Kill the Messenger: How the CIA’s Crack Cocaine Controversy Destroyed Journalist Gary Webb (Nation Books 2006), which provided the basis for the 2014 Focus Features release starring Jeremy Renner and the L.A. Times-bestseller Orange Sunshine: The Brotherhood of Eternal Love’s Quest to bring Peace, Love and Acid to the World, (Thomas Dunne 2009). He is also the author of The Weed Runners (2013) and Spooked: How the CIA Manipulates the Media and Hoodwinks Hollywood (2016).