OBSTRUCTION AIN'T THE SAME AS ABANDONMENT

Joseph Ortreger was charged with violating section 13-63(a) of the Code of the City of Poughkeepsie  for backing up his car onto a public highway and taking about a minute to do so. (While exiting the driveway in question, Ortreger allegedly obstructed the sidewalk and caused several cars to swerve out of their lane.)

While a judge of the  Poughkeepsie City Court found Ortreger guilty of violating the law, on appeal, the Appellate Term, 9th and 10th Judicial Districts, reversed.

Section 13-63(a) provides that it is "unlawful for any person to abandon, leave, suffer or permit any vehicle to be left upon any public highway or municipal property or public parking area in such a position thereof as shall obstruct or impede vehicular traffic or constitute a condition dangerous to traffic, public welfare, safety or convenience."

Since Ortreger never "turned off the motor, left the driver's seat or exited the vehicle," the AT2 did not believe that he violated the law and thus dismissed the charges "in the interest of justice."

With that, the AT2 got Ortreger out of a major jam.

To view a copy of the Appellate Term's decision, please use this link: People v. Ortreger