(6) Subsections (1) and (2) do not apply if all of the following conditions are met:
1. The motor vehicle is off the roadway or is lawfully parked on the roadway.
2. The motor vehicle is not in motion.
3. The motor vehicle is not impeding traffic. 2009, c. 4, s. 2.
Now, I was in a private parking lot of a supermarket, off the road with the car in park when the phone rang and I answered it. The cop was across the road fcing south - he was doing radar - when he looked over and saw me answer the phone and waved me over. So I hung up, drove across the road where he proceeded to give me the ticket. He also gave me another ticket because my validation permit had just expired - that was just a simple case of me forgetting to renew it - and he said if I went to court for it the judge would dismiss it so long as I showed I got a new permit - which I did.
So, the fact is he should have never pulled me over in the first place. So can I make a motion to quash both tickets on those grounds - if the cop actually shows up and I have to argue it?
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