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Old 12-30-2011, 02:22 PM
 
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My friend's 14yr old son just got an infraction for "standing in roadway" at 7pm. in Long Beach on residential street. Has anyone heard of such a thing?
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Old 12-30-2011, 03:50 PM
jw2
 
2,028 posts, read 2,751,455 times
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Quote:
Originally Posted by bajasamcooper View Post
My friend's 14yr old son just got an infraction for "standing in roadway" at 7pm. in Long Beach on residential street. Has anyone heard of such a thing?
I am guessing he wouldn't move, perhaps blocking traffic.
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Old 12-30-2011, 04:47 PM
 
3,552 posts, read 5,715,527 times
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kids these days
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Old 12-30-2011, 07:45 PM
 
Location: Los Angeles County, CA
29,100 posts, read 22,783,667 times
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Give us the code and section number. It should be printed on the citation. I googled "standing in roadway in California Penal Code" and couldn't find anything.
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Old 12-30-2011, 07:56 PM
 
Location: The Valley
14 posts, read 19,249 times
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I have received a similar ticket when I was younger for skateboarding.
And to tell you the truth, it was more of me being a young cocky jerk that got me a ticket than the crime at hand. Looking back, I'm sure if I just complied VS questioning the authority like a jerk-off, he wouldn't of had to prove his authority by giving me a ticket. Yup, I got served. :-)
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Old 12-30-2011, 09:14 PM
 
Location: Los Angeles County, CA
29,100 posts, read 22,783,667 times
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Quote:
Originally Posted by ibejohn818 View Post
I have received a similar ticket when I was younger for skateboarding.
And to tell you the truth, it was more of me being a young cocky jerk that got me a ticket than the crime at hand. Looking back, I'm sure if I just complied VS questioning the authority like a jerk-off, he wouldn't of had to prove his authority by giving me a ticket. Yup, I got served. :-)
What was your crime? Was it even a crime or was the cop being a jerk.? I hope he really had a good reason to detain/cite you - because it is "let them do whatever they want" attitudes like yours which are causing our republic to deteriate into a police state.

"He would trade essential liberty for a little security deserves neither liberty nor security". - Thomas Jefferson
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Old 12-30-2011, 09:33 PM
 
Location: The Valley
14 posts, read 19,249 times
Reputation: 26
I was 15 yrs old skateboarding on a street where there was traffic, he asked me to move it somewhere else. I told him I can do what I want ( using a more colorful vernacular of course ), so he gave me a ticket.

Kids are ********. While cops are ******** too, sometimes there truly is a lesson to be learned. RESPECT.

Last edited by Count David; 01-01-2012 at 08:33 AM.. Reason: language
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Old 12-30-2011, 09:54 PM
 
Location: Los Angeles County, CA
29,100 posts, read 22,783,667 times
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OK - sounds like it was legitamate. Many aren't however - I don't want anyone to be intimidated in accepting detainment or citations because they think a police officer cannot be challenged. Their primary duty like all government officials is to secure our unalienable rights and to uphold the Constitution. When they are wrong you call them on it and follow up if it turns into a legal issue. If you are wrong - as it seems you were here - make better choices.

Anyways - to the OP - look up the violation code number in the California Penal Code - CALIFORNIA PENAL CODE. It will detail the elements neccesary for the violation to take place. The court will need to prove each element - probally by using the cop's notes. If you friends son disagrees that he was engaged in any of those actions in the code - then he should find witnesses that can testify on his behalf in court.

I've never heard of that particular violation - you obviously can't block traffic - but it seems if that was really happenning, then you wouldn't be bringing it up here. Worth checking out - because the cop can't cite you simply because he is bored and you are walking at night, or because he was upset. Either the violation occurred or it did not. The boy (or his parents) shouldn't be intimidated in to paying a fine if the violation didn't happen. Good luck.
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Old 12-30-2011, 11:33 PM
 
Location: Retired in Malibu/La Quinta/Flagstaff
1,422 posts, read 1,424,840 times
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It's a fairly simple matter. If you were legitimately cited, you pay the fine, learn your lesson and be done with it. However, if you have an issue with the citation, go to court and let yourself be heard.
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Old 01-01-2012, 11:37 PM
 
Location: SoCal, Idaho
3,162 posts, read 8,858,678 times
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Quote:
Originally Posted by Harrier View Post
OK - sounds like it was legitamate. Many aren't however - I don't want anyone to be intimidated in accepting detainment or citations because they think a police officer cannot be challenged. Their primary duty like all government officials is to secure our unalienable rights and to uphold the Constitution. When they are wrong you call them on it and follow up if it turns into a legal issue. If you are wrong - as it seems you were here - make better choices.

Anyways - to the OP - look up the violation code number in the California Penal Code - CALIFORNIA PENAL CODE. It will detail the elements neccesary for the violation to take place. The court will need to prove each element - probally by using the cop's notes. If you friends son disagrees that he was engaged in any of those actions in the code - then he should find witnesses that can testify on his behalf in court.

I've never heard of that particular violation - you obviously can't block traffic - but it seems if that was really happenning, then you wouldn't be bringing it up here. Worth checking out - because the cop can't cite you simply because he is bored and you are walking at night, or because he was upset. Either the violation occurred or it did not. The boy (or his parents) shouldn't be intimidated in to paying a fine if the violation didn't happen. Good luck.
Harrier, I'm curious what happened between you and law enforcement to assume every citizen interaction with LE is unwarranted, harassing or unlawful. As far as I can tell, the OP has only posted once, and we have absolutely no evidence that anyone thinks it was a bad cite. I'm quite sure there have, in the history of the world, have been inappropriate citations, but NOT EVERY INCIDENT need be spun into a fight against LE, like you seem to be instigating in several threads on this forum.

To actually help the OP out, yes, I have heard of such a thing. Your friend's son was most likely cited for 14.04.010a LBMC - Obstructing Free Passage - which is under the long beach muni code, not CPC, as Harrier suggested.

No person shall congregate upon or use any street, alley, pier or park in such a manner as to obstruct the free use of all or any part of said street, alley, pier or park.


If this is not the code number, you'll have to help us out with that info, and weather its CPC, CVC or a muni code.
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