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Old 03.09.2008, 13:12
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Traffic violation ticket. Do I pay?

Last friday while visitng someone, I parked in a free spot on the street. Upon returning to my car I had a ticket, which I assumed was for parking. I was confused as it was a white spot, and had no signage I had to pay, or display my parking wheel like te blue zones.

I talked to my lawyer friend here and she looked up the violation. It was for a traffic violation! Which confused me more since I was parked! I went to the police station and they said it was just a violation, and could not say what the exact offense was.

What comfuses me more, is when I parked, there was a polce officer writing tickets at another car in the parking area. That is why I was sure I checked for posted signs. I figured that one car just did soemthing wrong. Is it possible the policeman was writing bogus tickets for violations that didn't occur?

The fine is not cheap at chf 100. Do I pay for a violation that they cannot even actually tell me what I did wrong? I am SURE I did not commit any offense. Do I contest the violation and risk losing and paying even more money?
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Old 03.09.2008, 13:18
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Re: Traffic violation ticket. Do I pay?

Is it possible that you parked on a two way street but on the left side facing the coming traffic? My wife once did that and we paid 110CHF.
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Old 03.09.2008, 13:21
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Re: Traffic violation ticket. Do I pay?

Nope. It's not a parking violation at all. It is a driving violation. And it was a one way street. Lawyer and I revisited the scene of the crime. She can think of nothing I did wrong.


How can you get a ticket when your not even IN the car?
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Old 03.09.2008, 13:27
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Re: Traffic violation ticket. Do I pay?

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Nope. It's not a parking violation at all. It is a driving violation. And it was a one way street. Lawyer and I revisited the scene of the crime. She can think of nothing I did wrong.


How can you get a ticket when your not even IN the car?
Once the violation has been noticed by a police officer, it doesn't need to be served immediatly for it to be valid.

However for the fine to be valid from a formal point of view it needs to detail the exact regulation you are in breach of (there are codes for each and every possible breach). Failing that codification, it is formally invalid (regardless of whether you have actually been at fault or not) and hence you can contest it (your lawyer should have been able to tell you that...).
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Old 03.09.2008, 13:31
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Re: Traffic violation ticket. Do I pay?

I don't know the Swiss police's regs etc, but my advice would be to contest the ticket - Surely they would then have to tell you exactly what the ticket was for, no?
You can't defend yourself against a crime if you don't know what it is for!
If they still can't/won't tell you what it's for then I'd be tempted to tell them that until they do, you're not going to pay it.

But take your lawyer friends advice on it
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Old 03.09.2008, 13:33
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Re: Traffic violation ticket. Do I pay?

Just talked to a colleague working with me. He recently contested a driving violation (speeding ticket) and won.
He had been given a ticket for speeding (58km in a 50 zone). He then took a camera, took a few photoes from the speed limit sign which was blocked by some branches from a tree in the area where he got the ticket. The judge cancelled the fine.
If you decide to contest, you must gather as much evidence as you can.
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Old 03.09.2008, 13:53
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Re: Traffic violation ticket. Do I pay?

If you can, why not do a PDF of the ticket and post it on the thread. Someone might be able to figure things out.

As you know, in Switzerland we are allowed to park on both sides of the road in both directions. HOWEVER, only if there is a dashed line (or no line) in the middle of the road. If the line is solid and you are on the other side, you will pay a fine. The solid line is used when they feel it is not safe to be on the other side of the road facing traffic (not good viability, too close to an intersection, cross walk etc.).

You mention that you were parked on a one way street, in the correct direction so the above comment should not apply to your specific case (just for general info).

You also said that you were inside a white parking spot. There were not any X marks in the parking spot?

Let's start with the PDF. We might be able to figure things out from there. In case the address is not easy to read, be sure to type it out. We can have a look on Google Maps or one of the Swiss maps to see what is going on.

My guess is there is something special about this street that you did not see or did not realize.

Good luck.
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Old 03.09.2008, 13:54
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Re: Traffic violation ticket. Do I pay?

This thread is pointless without either pics or a definition of the alleged offence - unless we want to follow the usual thread lifecycle of speculating wildly...

dave


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Once the violation has been noticed by a police officer, it doesn't need to be served immediatly for it to be valid.

However for the fine to be valid from a formal point of view it needs to detail the exact regulation you are in breach of (there are codes for each and every possible breach). Failing that codification, it is formally invalid (regardless of whether you have actually been at fault or not) and hence you can contest it (your lawyer should have been able to tell you that...).
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Old 03.09.2008, 14:21
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Re: Traffic violation ticket. Do I pay?

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It is a driving violation.
So what kind of driving violation? Every fine I received in Switzerland had the license plate number, code of the violation (you can look them up here), the exact location plus date and time on it. AFAIK and like Shorrick Mk2 has pointed out, this information needs to be on the fine, otherwise it's formally invalid and you should contest it.

I have some gut feeling that we haven't heard the whole story yet...
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Old 03.09.2008, 14:34
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Re: Traffic violation ticket. Do I pay?

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So what kind of driving violation? Every fine I received in Switzerland had the license plate number, code of the violation (you can look them up here), the exact location plus date and time on it. AFAIK and like Shorrick Mk2 has pointed out, this information needs to be on the fine, otherwise it's formally invalid and you should contest it.

I have some gut feeling that we haven't heard the whole story yet...
From reading her original post it seems the police don't even know what her violation is:

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The fine is not cheap at chf 100. Do I pay for a violation that they cannot even actually tell me what I did wrong? I am SURE I did not commit any offense. Do I contest the violation and risk losing and paying even more money?
I guess the policeman forgot to put the code in for whatever he thinks she did.
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Old 03.09.2008, 14:36
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Re: Traffic violation ticket. Do I pay?

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From reading her original post it seems the police don't even know what her violation is:
Ah but Lauren did say that the lawyer told her that it was a traffic violation, not a parking violation. And there's no way to know that without having the relevant code on the fine n'est-ce-pas...
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Old 03.09.2008, 17:02
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Re: Traffic violation ticket. Do I pay?

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So what kind of driving violation? Every fine I received in Switzerland had the license plate number, code of the violation (you can look them up here), the exact location plus date and time on it. AFAIK and like Shorrick Mk2 has pointed out, this information needs to be on the fine, otherwise it's formally invalid and you should contest it.

I have some gut feeling that we haven't heard the whole story yet...
Hehe it IS the whole story.

According to the code given on the ticket 304/3 I did this wrong:

«Circulation interdite aux voitures automobiles » (2.03; art. 27, al. 1, LCR et art. 19, al. 1, let. a, OSR)

translates into
"Circulation banned in cars" (2.03; art. 27 para. 1, LCR and art. 19, para. 1, let., OSR)

Which at the police station told me simply it was a traffic violation that I did. What that violation is, right on red, etc. I have no clue.

FYI, I am usually a decent driver and follow all the rules and postings. The one time I sped because I was very late I learned my lesson and got a ticket.
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Old 03.09.2008, 17:33
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Re: Traffic violation ticket. Do I pay?

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Hehe it IS the whole story.

According to the code given on the ticket 304/3 I did this wrong:

«Circulation interdite aux voitures automobiles » (2.03; art. 27, al. 1, LCR et art. 19, al. 1, let. a, OSR)

translates into
"Circulation banned in cars" (2.03; art. 27 para. 1, LCR and art. 19, para. 1, let., OSR)

Which at the police station told me simply it was a traffic violation that I did. What that violation is, right on red, etc. I have no clue.

FYI, I am usually a decent driver and follow all the rules and postings. The one time I sped because I was very late I learned my lesson and got a ticket.

Well it says right there :


«Circulation interdite aux voitures automobiles » (2.03; art. 27, al. 1, LCR et art. 19, al. 1, let. a, OSR)

Which means you entered a road marked at its end with a round sign, with a red border over a white background..

Probably a road reserved for locals carrying the remark "Riverains exceptés".
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Old 03.09.2008, 17:39
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Re: Traffic violation ticket. Do I pay?

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Well it says right there :


«Circulation interdite aux voitures automobiles » (2.03; art. 27, al. 1, LCR et art. 19, al. 1, let. a, OSR)

Which means you entered a road marked at its end with a round sign, with a red border over a white background..

Probably a road reserved for locals carrying the remark "Riverains exceptés".

Looked for that sign. ANY sign even. Nothing there.

I guess my question is, IF I contest, what are my chances of winning. Obviously I'd take a photo of the entrance to the street.

Anyone ever contest and not win? What are the fines then?
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Old 03.09.2008, 17:46
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Re: Traffic violation ticket. Do I pay?

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Looked for that sign. ANY sign even. Nothing there.

I guess my question is, IF I contest, what are my chances of winning. Obviously I'd take a photo of the entrance to the street.
Only the judge can tell. I'd say the chances are pretty good if the sign wasn't there.

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Anyone ever contest and not win? What are the fines then?
The fine stays the same but you have to pay court fees.

Beware that you cannot just let it be without paying and without contesting it.
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