Accused of Parking in a fire zone

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Accused of Parking in a fire zone

My grandmother was given a ticket by a state trooper for parking in a fire zone at Walmart which is private property she was waiting to pick me up from work there was no way for her to maneuver her vehicle because of high traffic and the construction going on which made it difficult for her to get around do to the obstructions in the area she was parked because her car was still running?

Asked on May 8, 2019 under General Practice, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

There is no right to wait in a fire zone due to traffic or because you are waiting for someone; and having the engine running does not make this not "parking" for purposes of this ticket, which really should be called a ticket for occupying or obstructing a fire zone. There is no viable legal defense to this ticket based on what you right.
She can go to court, speak to the prosecutor, and the prosecutor may, at the prosecutor's discretion, choose to reduce the ticket or possibly dismiss it--but is the prosecutor's free choice whether to do this, and there is no way to make the prosecutor do these things, so success is not guaranteed. Or if she does not want to appear in court, she should simply pay the ticket.


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