Stop, Drop & Go Defense works when applied correctly
It was a beautiful Sunday afternoon and time for Joe to go food shopping. He took the family SUV so there would be room for all the bundles. 2 hours later Joe was on his way home with 12 bags full of groceries.
He called his wife and asked her and the children to wait for him curbside so they could quickly unload the car. Joe pulled to the curb in front of his house, and his wife and children rapidly unloaded the SUV. Joe hopped into the front seat of his chariot and was about to leave.
But, out of nowhere, a Warrior walked in front of Joe’s SUV and scanned the registration sticker. Ca-ching. Joe got a $115 no standing ticket (Joe’s house was regulated by a No Standing sign).
Should Joe fight this No Standing ticket and raise the stop, drop & go defense?
The Stop, Drop & Go Defense
The simple answer is nope, the stop, drop, & go defense will not work in Joe’s case. Why?
- You cannot unload packages in a No Standing Zone!
- You can only pick up or drop off people from and to the curb in an No Standing Zone
More about this Defense
“The stopping of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.”
- Cannot exit the vehicle while stopped to drop off or pick up passengers to and from the curb in a No Standing Zone
- Can only stop temporarily to drop off or pick up passengers to and from the curb
- Cannot wait for the passengers to walk away from the vehicle
- Cannot wait for passengers to walk to the vehicle from another location (Ex: 3rd Floor Apartment)
- Must leave the area immediately after dropping off or picking up passengers to and from the curb
How to present a winning defense
You will generally need:
- A certified defense statement from the driver
- Certified statements from the passengers in their own handwriting
- Photos of the area if helpful
- The statements should include reasonable reasons for picking up or dropping off, passengers
Is there a winning defense to Joe’s No Standing ticket?
Joe should check to make sure the Warrior entered his name on the front of the ticket since Joe was seated behind the wheel (or present) when the ticket was issued. The defense is called, “lack of service” or “improper service.”
I love the stop, drop & go defense but the facts must fit the defense. If they don’t (like in Joe’s case) look for another winning defense (like “lack of service”).
The more facts you present the better chance of persuading a judge to dismiss a ticket. For example, I would include a description of the Warrior and paraphrase your conversation in a defense certification. For example, if you rolled down your window and asked the Warrior why she was giving you a ticket and the Warrior didn’t answer, include it!
Here’s a link to a similar post I wrote in 2010. Some things simply stay the same.