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Old 04.28.2008
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Nopark Moving violation while asleep?

I have recently encountered an unusual situation:

I was recently denied employment because I failed to mention a “moving violation” that was apparently on my MVR. The said violation was in fact a parking ticket from the state of Virginia. The officer found me sleeping in my truck on a ramp along I-81 and proceeded to wake me up in order to write me a citation. The officer then handed me my citation, which stated “failure to obey traffic sign.” In amazement I asked the officer why the citation was written this way, he proceeded to say, “See the sign? It says no parking and you failed to obey it” and walked back to his car. I thought nothing more of it, and later paid the parking ticket. It seems this incident now shows on my MVR as a “moving violation,” which has prevented me from getting at least one job.

Has anyone ever had this problem? I would appreciate any input on this mater.

Cheers!
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Old 04.28.2008
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Yes, it can happen. And it will stick in court too.

The locals get popped around here on a regular basis for DUI. Even though they are not driving, and the car isn't running.

If you're under the wheel, and the keys are in the ignition. You're DUI.

I think it's chicken s###. But the cops think it's funny as ####.
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Old 04.28.2008
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sorry to hear about your misfortune. I don't have any answers for you but VA are ahole's. I thought I blown a tire once and stopped on the shoulder. They were on me like flies within minutes. The trooper was rude and told me to get moving period. He really didn't want to hear my story.
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Old 04.28.2008
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you should have fought that ticket
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Old 04.28.2008
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i was coming thru NM, and the dot had a inspection area set up/open..

well i had seen the signs but i was looking for the open/closed sign or all trucks must enter/stop..

nada rolled right on past

their version of open he said was 2 flags at the crn of the sign
sry but it did'nt say open

i asked if this was moving viol. nope not in NM

but in FL it is

i have since joined the legal program i heard on Sirius
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Old 04.28.2008
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Quote:
Originally Posted by danc694u View Post
Yes, it can happen. And it will stick in court too.

The locals get popped around here on a regular basis for DUI. Even though they are not driving, and the car isn't running.

If you're under the wheel, and the keys are in the ignition. You're DUI.

I think it's chicken s###. But the cops think it's funny as ####.
Here they are giving bike riders DUI's now! I can't believe that they are doing this. I mean its got two wheels and peddles for crying out loud.

Some days, I swear that the bureaucrats just sit in their offices trying to figure out how to squeeze more money out of us.
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Old 04.28.2008
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Quote:
Originally Posted by Bigray View Post
i was coming thru NM, and the dot had a inspection area set up/open..

well i had seen the signs but i was looking for the open/closed sign or all trucks must enter/stop..

nada rolled right on past

their version of open he said was 2 flags at the crn of the sign
sry but it did'nt say open

i asked if this was moving viol. nope not in NM

but in FL it is

i have since joined the legal program i heard on Sirius
i have this "drivers legal plan" that costs 2 bucks a week through the Co.
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Old 04.28.2008
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If you're in the sleeper, logging on line 2, and you get a "moving violation" for parking illegally, you should certainly fight it till the end. Afterall, PARKED is definitely not moving. A ticket stating you were parked verifies you were not moving. I'd at least try to have the MVR ammended if not outright corrected. You might be able to do this through the courts in the state where the ticket was issued.

I saw a VA Trooper waking drivers during a nasty storm early this yr. I was shocked at all the snow since I was in VA. Trucks lined the lot in a big way. I rolled through without finding a spot at all. Those near the entrance were moving out as he woke them, but he didn't seem to be writing tickets. When I finally got parked, I was about 10miles away and got a spot another driver was kind enough to wave me into... He was leaving. I had to blindside that one. I was pissed about that!
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Old 04.28.2008
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From what I'm told, in CO, you can get a DUI for being in the vehicle with the keys immediately available. That includes on the floorboards or in the glove compartment.

devnull - I agree with the others, though. See if you can't get that MVR amended or corrected. I've never heard of a parking violation being declared 'moving'. The way that ticket was written... sounds to me as though the officer had a bee in his bloomers about trucks that day.

Or, he could have simply been a democrat
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Old 04.29.2008
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That Sucks

In most states the DUI laws only state that you have to be in physical controll of the vehicle. If you are sleeping in the drivers seat and the key is in the ignition you are nailed to the wall. The easiest way to beat any ticket is to first find what you law you are charged with breaking and read it looking for a loophole. A friend of mine in TN was busted for DUI after he was caught drunk doing donuts in his back yard on a 4 wheeler. He beat it because the DUI law in TN states you have to be on a road, alley, or parking lot. You can drive drunk in your own yard all you want in TN. I know it would be alot of trouble to go back and fight a virginia ticket but if you faced a judge and explained the circumstances with your CDL and employability and tell him that you didnt see the sign i bet he would dismiss it especially if you have a clean driving record. The truth about the government is that they are not here to help us at all. The only thing that they are concearned with is getting keeping and expanding their power. We have more laws now than any civilized society and we are more unsafe now than ever. It always will be a david vs goliath situation. The government has all the money time and lawyers in the world. Your average working joe cannot compete with them.
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