Unattended Vehicle Question

[Lana_kane]

Plus if the cop tries to write the ticket you can shut the car off from the remote ... And say something like "my car was not running officer", or maybe I just get away with it cause I'm a woman lol

[Boltfan]

Originally Posted by Lana_kane

Not really cause there is no key in the ignition and they usually come equipped with an alarm and kill switch which will shut the car off as soon as the brake is hit which is required to shift gears.

And the flaws in the law begin. Autostart violated the first item in the law, which is the engine must be stopped. It doesn't say, the engine must be stopped unless there are mechanisms to kill it if a crook tries to run off with it.

[Lana_kane]

Originally Posted by Boltfan

And the flaws in the law begin. Autostart violated the first item in the law, which is the engine must be stopped. It doesn't say, the engine must be stopped unless there are mechanisms to kill it if a crook tries to run off with it.

I think they get away with it because it is not steal-able due to the kill switch ... See the kill switch might be the exception to the law .... Get a remote start installed before court and see if you can say "it was in in idle due to the heat I hit the remote start for the ac to cool my vehicle as i approached, it has an alarm and kill switch preventing theft. " plus these things only work within certain ranges and come with a remote monitoring system so how can a vehicle be unattended if it is being monitored ? Lol

[Mr. GPop]

Originally Posted by Lana_kane

I think they get away with it because it is not steal-able due to the kill switch ... See the kill switch might be the exception to the law .... Get a remote start installed before court and see if you can say "it was in in idle due to the heat I hit the remote start for the ac to cool my vehicle as i approached, it has an alarm and kill switch preventing theft. " plus these things only work within certain ranges and come with a remote monitoring system so how can a vehicle be unattended if it is being monitored ? Lol

Apples and Oranges there.. my house is monitored both inside and out 24x7. I am not home all the time so its not "attended"

[Lana_kane]

The diff is you don't get cited for leaving your home "unattended" and he was within view and reach of his vehicle ...

[Tetas]

Show up in court ready to argue it, more than likely the cop won't show and the judge will dismiss.

[Boltfan]

The unfounded theory of cops not showing is funny. That is very rare they don't show. They typically get paid overtime if it isn't their shift to show up. No shows are pretty rare.

[Tetas]

Hm. Maybe it's a small town thing, i've had a couple of tickets dismissed when the cop didn't show up for minor violations.

Good luck to you though, getting a ticket for leaving my car running while I'm right there would piss me off to no end.

[Boltfan]

I am going this week to see how they charged me. If it is the state code, I think I am good.

[Kccatman]

The ticket should provide the specific law you are being charged with violating. Failure to do so means you have not been provided notice as to the actual violation in order to prepare a defense.

This is not unusually with Colleyville.

[Boltfan]

Yeah, I asked the officer at the time and later on a call in to the department I asked why I was not cited a specific violation. I was given some long drawn out explanation that it was the prosecutors job to file charges and the ordinance or code violated would be provided then.

I have been given many tickets over the years and in many different states and jurisdictions. This is the first time I ever recall not having a section of the vehicle / city / state code being violated cited on the ticket.

Seems shady.

[oldbutstillgoing]

Most courts give the officer a specific time and date to put on tickets he/she writes in a specific time period. That way, all the tickets they write in a specific time period are due in court on the same day and they show up. The best way to beat that is if you can get the court date moved. If your the only one in court that day for the officer, its far more likely you will get a no-show. Otherwise, don't count on it. The cops and the courts have this down to a science.

Originally Posted by Boltfan

The unfounded theory of cops not showing is funny. That is very rare they don't show. They typically get paid overtime if it isn't their shift to show up. No shows are pretty rare.

[Mr. GPop]

Getting the court date reset sometimes works but if you were talking to a friend you have a witness.

You can also argue if this happened that the cop left a city vehicle "un-attended" when he came over to you (if the distance he had to walk to you was equal or greater than what you were from your car) and he left the keys in the car.

Most cops park behind you when they pull up.. if you were in front of your car you can point this out in court. Be sure to point out that the officer is responsible for the city vehicle and if it was stolen and had to be replaced, the city insurance which is paid with taxpayer money would replace it.