Well Well My first Alabama Ticket
- Thread starter TallTom
- Start date
You'll find out Officer Washington is Do3's cousin. 
lil charlie
Registered
Good luck buddy. Did you look up the 12" rule. Not sure about there but the 12" rule stands true in MD, AZ, and Tx.
TallTom
Registered
No I just called in to ask for a court date. I did find this in the Ordinance.
Sec. 61-261. Standing or parking close to curb.
Except as otherwise provided in this article every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or parked with the righthand wheels of such vehicle parallel to and within twelve (12) inches of the righthand curb.
It does say EVERY vehicle but it then discusses the righthand wheel or the left hand wheel. So yes this may be Officer Washington's complaint.
If this is the reason for the write up, which it could be, I would argue that I should have been cited for a lesser offense of improper parking and not restricted. $15 vs. $50
TallTom
Registered
There is nothing I can find in City of Mobile ordinances, that discusses motorcycle parking to a different standard than cars. They do not make any provisions in the ordinances for motorcycle designated parking areas anywhere in downtown. I find nothing stating they must park at an angle with a wheel touching the curb. I prefer parking straight as shown in the pics. If a car is going to touch my bike while parallel parking, I'd rather it find the rubber of my tires first.
In my city, which yes is different, it does state that motorcycles using a marked car spot must park at an angle to allow for multiple motorcycles to park in a spot normally used by one car. They also have no designated motorcycle parking areas but they do allow motorcycle parking off the street in areas designated as bicycle parking.
So I am agreeing that this is probably Officer Washington's complaint. $50 vs. $15 is a 230% difference in fines. Unless he/she has something else he/she feels I violated, which will come up as I question him/her, I will suggest a $15 fine should have been the outcome. And I would argue that court would not have been necessary had he ticketed me properly, therefore no court cost should be levied.
Who knows, this may cost me $100 before its done. We shall see.
If you got cited for 12 inches or whatever on a motorcycle I'd have to say that's the stupidest thing I've ever seen.
Your bike is closer to the curb than even if you parked your car on top of the sidewalk.
Idea behind the rule is to keep cars from sticking out in the road so they ask that you park close to curb.
But a bike is only a foot wide not seven! You could as you did park your bike in middle and still be well out of roadway.
You've got to find someone with some sense and get this dropped.
Your bike is closer to the curb than even if you parked your car on top of the sidewalk.
Idea behind the rule is to keep cars from sticking out in the road so they ask that you park close to curb.
But a bike is only a foot wide not seven! You could as you did park your bike in middle and still be well out of roadway.
You've got to find someone with some sense and get this dropped.
TallTom
Registered
Saiid. Calm Down. I had already planned on bringing up the ridiculousness of the 12" rule as it applied to bikes. In the Ordinance, hey do not stipulate a bike as being any different than a car. They should, but they don't. You are exactly right why they want a CAR to park that close to the curb. However Saiid, the ordinance is worded they way it is. The judge may rule as the worded ordinance stipulates. I may lose that argument. It is a revenue generation process, not a common sense one.
I do have someone with some sense.........ME.
Red line is where street ends(pavement). Light blue line is for drainage water to drain off the street. Green line is the curb. To park to the curb you would need to put your motorcycle off the roadway into the gutter?
TallTom
Registered
Yes I see your points. And I will argue that. However the wording in the Ordinance reads 12" from curb. Its actually pretty straightforward wording there. However it doesn't allow for motorcycles to be any differently parked despite the fact that they don't occupy a space the way a car does. I think I can also argue the definition of curb. The curb could be where the pavement ends, the entire cement area is the curb. I think that would be a thin argument, but this is a thin ticket to start with.
Chaney3000
Registered
Hope this works out for you and please come back with a status update after said hearing. I rarely park my bike on the street like that just for this reason. I normally park my bike up on the sidewalk next to the buildings. In the last pic loaded above, I would have my bike parked up in the shade area under near that glass window tucked off out the way.
TallTom
Registered
In Mobile, that would totally be a ticket. Even though it hurts no one, impedes nothing, does no harm and protects your bike, it would be cite-able. This particular location you describe is all a government building. So while they may let it slide elsewhere, you would probably get cited because of the buildings function.
After careful review, I feel you can fight this and win. The only thing would be how far you are from the curb but even then, I think you can fight it. If only you had measured your kickstand to the cement line. Then you could have said that 12" is from there to the cement which was within reason, technically.
TallTom
Registered
I never go to court unless I feel I can win.
I seriously doubt Officer Washington has a tape measure when he/she issues tickets. The 12 inch violation, if that is in fact the violation, will be argued as out of the ordinary for motorcycles as they don't stick out into the road so the need to be within 12 inches is moot. I will also argue that the curb starts where the asphalt ends. That whole 12 inch area is curb to me. The ordinance doesn't specify what curb means and this is a good time to play dumb about the definition of the curb. I would then argue that I was within 12 inches of the end of the asphalt, which is the beginning of the curb. As the pictures would help show. I could then argue that it could in fact endanger a motorcycle in the event of a flash flood, if it was parked 12 inches from the edge of the rise of the curb. A sudden flash flood from a heavy downpour could cause enough water rise and velocity to knock my bike over. A liability to the city in those cases. If these failed to make the right impression on the judge, I would argue that at best if I am in violation, the fine should be for improper parking and not restricted. This is all of course, assuming that Officer Washington wrote me up for a 12 inch violation.
At this point I am at a loss as to any thing else I may have violated.
We are talking some pretty petty a** crap if this what they are writing me up for.
The purpose of court is to let the judge, make a judgement on the facts being presented. If you can make the law (in this case city ordinance), or the enforcement of said laws look improperly applied, you get a win more often than a loss. I may get a judge with the mentality of a cop and say, This is what the law states and there is no exception to how it is applied. If so, I may have to settle for a $50 fine, but I seriously doubt I will have a $50 fine. I simply can't see where I have violated a restricted parking zone in any way. But I could get educated.
[h=2]I found this:
ALA CODE § 32-5A-137 : Alabama Code - Section 32-5A-137: STOPPING, STANDING OR PARKING PROHIBITED IN SPECIFIED PLACES[/h]
(a) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic-control device, no person shall:
(1) Stop, stand or park a vehicle:
a. On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
b. On a sidewalk;
c. Within an intersection;
d. On a crosswalk;
e. Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;
f. Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;
g. Upon any bridge or other elevated structure, upon a highway or within a highway tunnel;
h. On any railroad tracks;
i. At any place where official signs prohibit stopping.
(2) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:
a. In front of a public or private driveway;
b. Within 15 feet of a fire hydrant;
c. Within 20 feet of a crosswalk at an intersection;
d. Within 30 feet upon the approach to any flashing signal, stop sign, yield sign or traffic-control signal located at the side of a roadway;
e. Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance (when properly signposted);
f. At any place where official signs prohibit standing.
(3) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers:
a. Within 50 feet of the nearest rail or a railroad crossing;
b. At any place where official signs prohibit parking.
(b) No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such a distance as is unlawful
ALA CODE § 32-5A-137 : Alabama Code - Section 32-5A-137: STOPPING, STANDING OR PARKING PROHIBITED IN SPECIFIED PLACES[/h]
(a) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic-control device, no person shall:
(1) Stop, stand or park a vehicle:
a. On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
b. On a sidewalk;
c. Within an intersection;
d. On a crosswalk;
e. Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;
f. Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;
g. Upon any bridge or other elevated structure, upon a highway or within a highway tunnel;
h. On any railroad tracks;
i. At any place where official signs prohibit stopping.
(2) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:
a. In front of a public or private driveway;
b. Within 15 feet of a fire hydrant;
c. Within 20 feet of a crosswalk at an intersection;
d. Within 30 feet upon the approach to any flashing signal, stop sign, yield sign or traffic-control signal located at the side of a roadway;
e. Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance (when properly signposted);
f. At any place where official signs prohibit standing.
(3) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers:
a. Within 50 feet of the nearest rail or a railroad crossing;
b. At any place where official signs prohibit parking.
(b) No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such a distance as is unlawful
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