Asked almost 2 years ago - Avondale Estates, GAFlag
I got a ticket for "blocking the fire station entrance" when I'd stopped at a red traffic light that happens to be in front of a fire station. Would that consider a violation of code 40-6-203 even though I have to stop at a red light? It was during heavy traffic hours, so I wouldn't think that I would park there. I didn't even know there was a fire station there.
40-6-203 states, in pertinent part:
" Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic-control device..."
Certainly this gives you the argument that you were simply obeying a traffic control device, and were left with the only other option being to run the light, in violation of another Georgia code section. Rules of the road, and statutes in general are supposed to be read in conjunction with each other, and in a way that gives them a common sense meaning. Certainly, this appears to be an unreasonable case on the face. I am happy to consult with you about it further. Speaking with the prosecutor, especially if in a municipal court, maybe the way to go.
This sounds like a case you could win at trial, or if you did not want to risk going to trial, a case that should get lowered to a charge that will not go on your record. As long as there was not a signal indicating not to block the driveway I do not feel you violated this code section. As a former traffic/DUI prosecutor I would not prosecute you for this.
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