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Expert: - 11/22/2008


Question
Hello, I have a question.  I am in San Jose CA.  Our school does not have enough parking spaces (only 10), so our parents have to park on the side of the streets in our neighborhood.  However, the neighborhood streets in our neighborhood aren't that wide, especially if a lot of cars have already parallel parked.  Therefore, if we would want to make a u-turn (3-point turn) in any case (e.g. when we find a spot), our car would have to go into someone's driveway a little in order to make the turn.  Yesterday, I had this situation, I went in about 1/3 of the drive way (if the sidewalk counts as part of the drive way, my car barely touched the drive way), the owner of the house, also a parent in our school, she came to me ferociously and started harassing me and she kept telling me this action is illegal, and she will call the cop to arrest me the next time I do this....I apologized, but she wouldn't stop, she blocked my backing and she just stood there and yelling at me.  I have never seen a person so mad before, I really thought I did something really wrong, so I called the SJ police, and they told me it is okay to use the drive way that I am okay.  I don't normally drive to school to pick up kids, I walk, yesterday I had to go somewhere, so I drove, and my first time on that side of the street.  My question is, if I have no choice but have to do it on her driveway again the next time (I will try not to go there of course), and she came out harassing me again, what action can I take?  I really thought she was going to hit me.  I watch Discovery Channel, even the hungriest lion is not this mad.  My friends are concerned too, because they had to park there sometimes.  Thank you very much.  Ally

Answer
Hi Ally,

You were OK to use the driveway. It is not against the law. If this happens again and she threatens to call the police, tell her go ahead. Do you have a cell phone? You can call the police and tell them your problem. You could tell her your calling the police also if you like, make the call for her. Get my idea? Also remember though that if it was your driveway, would you like people using it to turn around in every day? Probably not. Just trying to look at it from both sides.

Do you have a video camera? It may be a good idea to video her doing this rant, or a cell phone camera? Videos and pictures are worth a thousand words. And you can show them to the officer if he has to come out.

Do not get out of your car, do not confront her, and do not hit her with your car. Just video her or call the cops or both.

If she attacks your car, drive away, call the police and report it.

Be safe...

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Chris Wagoner

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I have been a police officer for 30+ years! I am the Police Academy Commander at the Santa Fe College, Institute of Public Safety in Gainesville Florida It is a full service Law Enforcement and Corrections training facility. I can answer most questions concerning law enforcement procedures, law enforcement training and general questions about law enforcment. I can also answer questions about becoming a law enfocement officer. I have a booklet and web page I have written that answers many questions about how to become a police officer called "So you want to be a cop (police Officer) in Florida?", which is free, Google it.. All you have to do is ask. I teach the following subjects: RADAR/LASER, Law Enforcement Driving, Law Enforcement Firearms and Patrol Techniques, Officer Safety, WMD's for Patrol Officers, Application of Law, Communications skills, Dealing with the Mentally and physically handicapped, and many more subjects. I have worked as a subject matter expert for the Florida Department of Law Enforcement and helped to write the police curriculum for the State of Florida. I like answering questions about how to become a police officer, and questions about why did an officer do this or that type questions. I also like answering any questions you may have about police work in general. I do not mind helping with homework questions or trying to answer your questions about legal subjects that I have knowledge of. You will never know the answer until you ask! If you do ask a question, PLEASE take the time to at least rate the answer. I do not get paid to answer these questions and do it on my own time. If you ask, please rate it when I answer. Thanks!!! If its a question about becoming a police officer, it may be answered here: http://sites.google.com/site/flaleohelp/ My "hobby" website - http://www.youtube.com/user/3rdID8487 Military Videos on YouTube and Facebook!!

Experience

I am a 30+ year veteran police officer, I am currently the Police Academy Commander of an Academy in North FLorida. I have been training police officers since 1993 and have trained them in all aspects of law enforcement, including firearms, Driving and legal subjects including patrol techniques and others and training all over the world. I have trained over 5000 officers worldwide in the last 16 years of training.

Publications
I am a published author in Accident Investigation from the University of North Florida, Institute of Police Technology and Management. Also have written and published on the Internet, "So You Want to be a Cop (Police Officer) in Florida?" you can Google it..

Education/Credentials
I have 2 degrees, in Criminal Justice.

Awards and Honors
Phi Theta Kappa, plus 50+ Departmental Awards over the years. FBI Directors award for assisting in a Nationwide investigation into Child pornography.

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