Last Updated on October 21, 2022 by Lawrence Berezin
The first NYC parking ticket ingredient
A wonderful lady hired Larry to fight an NYC parking ticket for her brother. I reviewed the parking ticket and formulated two defenses to the ignominious orange epistle for double parking.
Meanwhile, a parking ticket for double parking is tough to defeat. To clarify, the majority view asserted by the Evil Empire is a passenger vehicle can never double park in NYC.
The minority opinion asserted in a Guide to parking ticket hearings published by the Adjudication Unit of the NYC Department of Finance allows double parking of passenger vehicles while picking up or dropping people to the curb (check out page 10 and page 14). That is to say; double parking is a no-standing violation. And a driver can stop, drop, and go in a no-standing zone.
The parking ticket story
The participants were a brother-father, son, and sister-aunt. The son was a member of his college lacrosse team. Son was playing in Purchase, NY, on that fateful parking ticket day. The father resided in Pennsylvania, drove to NYC to pick up his sister-aunt, and the pair headed to Purchase to watch his son’s lacrosse game.
The plan consisted of a sister waiting to be picked up by her brother curbside in front of her apartment building. Brother called sister about five minutes before arriving so that sister had plenty of time to walk to the curb. There were no parking spaces at the curb, so brother double-parked in front of sister’s building.
When my sister sprinted into my brother’s car, a parking ticket warrior issued a parking ticket for double parking.
What were the winning defenses to the parking ticket?
In my humble opinion (the minority view), double parking is a “no standing” violation. A defense to all no-standing violations is (as we all know) stop, pick-up, and skedaddle. The surprise ingredient in my winning recipe is that the parking ticket judges working in the adjudication division of the DOF agree with the minority view (Yea!). Their idea is expressed in their excellent guide to NYC parking ticket defenses.
Larry inserted the following language in our brother-father defense affidavit as follows:
“I am a frequent visitor to NYC to spend time with my family (I was born and raised here), and I have learned from reading your E-book, “Got Tickets? Your Guide to Parking Ticket Hearings,” (The Department of Finance, Adjudication Division) that it is not a double parking violation to pick up a passenger, which is exactly what I did when this parking ticket was issued.”
One more wonderful ingredient to defeating the evil NYC double parking ticket
One of the best friends of the NYC driving community is a misdescribed place of occurrence. Invariably, every time, without fail, check the description of the area of occurrence for accuracy. You’ll be amazed how many times you can strike parking ticket gold.
In our case, the parking ticket warrior entered the wrong place of occurrence. She joined an address on the opposite side of the street and down the block from our heroine’s apartment building. Did it make sense for the brother to double park down the block and across the street? Nosiree bob.
We proved our point with pictures.
Commentary
We won. Parking ticket dismissed.
Tell us your story about fighting a parking ticket for double parking. We’d love to share your success or learn from your good fight.
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What are you waiting for?
The officer that gave me a tickets entered the number of the house on the opposite side of the street but the location was right. Can I still use it as defense?
Thanks