When you think of law enforcement, what comes to your mind? Stopping bank robbers? High speed car chases? How about giving you a ticket for parking in your driveway? As odd as that sounds, there has been an increase in enforcement of obscure laws targeting otherwise innocent drivers. I have found three examples that I think deserve attention.

1) Spring Branch, TX: Residents in this town have found themselves receiving tickets for the way they park in front of their homes. Those receiving tickets for parking in their driveway, their violation is that their car blocked access to the sidewalk. This is an understandable offense, when you consider that kids tend to ride their bikes and their roller-skates on the sidewalk. A car is an obstacle that might cause the kids to fall and hurt themselves.

If the homeowner cannot park his car or cars adequately in the driveway, there is always street parking. However, if you park on the street, pay attention to how close to the curb your car is positioned. If your car is more than 18 inches away from the curb, you will also face a ticket. This makes sense to the point where you don’t want people blocking the flow of traffic down a narrow street, but what if you are receiving a ticket without the distance being measured? That is the claim of one resident who is among many in the neighborhood that have suffered the recent law enforcement activity.

2) Bethesda, MD: It happens everywhere you go. You drive down the road and you notice someone on the opposite side of the street flash their lights at you. If it was nighttime, you might think they are informing you to turn on your headlights or to look out for an upcoming accident. But what if it was the daytime? You would assume they were informing you of a speed trap ahead. Did you know that in Bethesda, that is a ticketable offense?

Speed traps, according to police, are about encouraging drivers to slow down and obey the speed limits. So why would someone flashing their lights at on-coming traffic to warn them to slow down because there is a speed trap ahead be a ticketable offense? This is a question a lawyer who was stopped for doing just that wants to know, and is now challenging the Montgomery County police on the issue.

3) Toledo, OH: Imagine you come out of your home, cross your driveway, and discover a ticket on your car. The ticket results not from you blocking the sidewalk (as in the Spring Branch, TX case), but because your vehicle being parked on a gravel driveway. According to an old Municipal Code, parking on a gravel driveway is illegal if the house was built after 1959. The reasoning behind that code stems around the pollution of the ground water by cars with dripping oil and other fluids from the vehicle. However, the code is rarely enforced until recently.

Are these examples of simply law enforcement or police harassment? That is hard to say, however, the cases can call into question a third option. With the current down economy, cities and local agencies are looking for ways to increase revenue to fund their programs. In case two, while speed traps do encourage drivers to obey the speed limit, they are also great ways to generate revenue in areas known for frequent speeding. In case one, one of the residents claims the parking enforcement officer didn’t even measure the distance from the curb before writing the ticket.

It is my hope that our brave officers are only ticketing people out of cause rather than the need for cash. If you recall two years ago, Virginia tried to impose “fees” up to $3,000 on drivers to raise cash to fund road projects. After challenging the new fees on legal grounds, plus the local outrage, the program was scrapped. Will some of these cases see similar local and legal reaction? Only time will tell. In the mean time, keep an eye open if you happen to be travelling in these areas. It just might cost you.

Related articles:
USA Today – “Virginia to issue traffic fines as high as $3,000″
KHOU TV – “Spring Branch residents ticked about tickets”
WTTG TV – “Lawyer Ticketed for Flashing Headlights”
Washington Examiner – “DC lawyer demands apology for ticket”
Law.com – “D.C. Lawyer Takes a Stand on Ticket for Flashing Lights in Speed Zone”
WNWO TV – “The do’s and don’ts of parking in Toledo”
WTVG TV - “Parking tickets: the ticketer speaks”

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