Beating NYC parking tickets with Larry’s premier cru classe, estate bottled, secrets
Learning how to beat NYC parking tickets takes relentless repetition. I’ve written and repeated many times:
- When you’re right, fight!
- Present the proper proof, properly
- Required elements are parking ticket gold. If you unearth an omitted, misdescribed, or illegible required element, you win (subject to presenting the proper proof, properly)
- You can stop temporarily in a no parking zone to drop off or pick up people and things (waiting at the curb)
Here are three special secrets that will significantly increase your chances of beating NYC parking tickets
1. Blocking the box parking ticket
It disturbs me to hear that warriors stand on the sidewalk or in the roadway instead of directing traffic at an intersection (especially during rush hour). When the light turns red, and cars are stuck in the box, the warriors gleefully spring into action issuing $115 NYC parking tickets. Arrgh!
A blocking the box ticket presents a tough challenge to overcome. But, if you were making a turn when the light turned red, I suggest you raise the “turning” defense.
4-08 (e)(12) Obstructing traffic at an intersection. When vehicular traffic is stopped on the opposite side of an intersection, no person shall drive a vehicle into such intersection, except when making a turn, unless there is adequate space on the opposite side of the intersection to accommodate the vehicle the person is driving, notwithstanding the indication of a traffic control signal which would permit the person to proceed.
Here are my winning defense certification and exhibits contesting a blocking the box parking ticket (Click to enlarge the exhibits):
Dear Honorable Judge,
I hereby certify as follows:
I plead not guilty to this blocking the box violation because:
-I made a left turn from East 39th Street to Park Avenue when this (e)12 violation was issued
-I did not obstruct traffic in the intersection
-The place of occurrence was misdescribed
-The TEA did not properly serve me with the summons
I did not violate 4-08(e)12 because I turned from Park Avenue to East 39th Street and then obeyed a “Stop on Red” sign when the light turned red. My car did not extend in the intersection of Park Avenue and East 39th Street when I stopped to obey the sign.
Park Avenue intersects with East 39th Street in two separate and distinct locations and therefore, the description entered by the TEA did not unambiguously describe a unique place.
I gave the TEA my license and registration when he stopped my car and issued this ticket. However, the TEA did not enter my name. Instead, he entered, “dav.”
I have submitted a series of exhibits in support of my defense.
Due to these circumstances, please dismiss this parking ticket
Thank you.
-I hereby certify that my testimony is the truth to the best of my knowledge.I fully understand that if my testimony is willfully false, I am subject to punishment.
-I hereby certify that the image of the parking ticket is a true and accurate reproduction of the original
-I hereby certify that the images are true and accurate reproductions of Google Map and my driver’s license
Respectfully submitted,
2. Sidewalk violation
We all know that it is a “No-No” to park our car on the sidewalk. But, what if part of the sidewalk lives on private property and is not intended for the use of pedestrians. Here is sidewalk defined in The NYC Traffic Rules, 4-01, Words and Phrases Defined:
Sidewalk. A “sidewalk” shall mean that portion of a street, whether paved or unpaved, between the curb lines or the lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians. Where it is not clear which section is intended for the use of pedestrians, the sidewalk will be deemed to be that part of the street between the building line and the curb.
Yikes! That definition is mystifying. So let’s try this…Here are my defense certification and exhibits I prepared to fight a parking ticket claiming my client parked on the sidewalk. In my humble opinion, my client parked on a portion of the sidewalk that was on private property and not intended for the use of pedestrians. (Click to enlarge the exhibits)
Dear Honorable Judge,
I hereby certify as follows:
I plead not guilty to this parking violation because:
-I did not park on the public sidewalk, opposite 133-29 41st Road in Queens. I parked my car on private property (My daughter’s pre-school parking lot) on a portion of the sidewalk not used by pedestrians
I have submitted a series of exhibits in support of my defense.
Due to these circumstances, please dismiss this parking ticket.
Thank you.
-I hereby certify that my testimony is the truth to the best of my knowledge.I fully understand that if my testimony is willfully false, I am subject to punishment.
-I hereby certify that the images of my parking ticket, Red Apple Pre-School, and Google Maps contained in my exhibits are true and accurate reproductions of my parking ticket, Red Apple Pre-School Website, and Google Maps as they existed on the date/time this parking ticket was issued.
Respectfully submitted,
3. Submitting more proof than less proof
This is a tough one to explain. In Parking Ticket Land the mantra, “keep it simple” collides with the mantra, “submit more proof that less proof.” So, I’ll give you some tips in bullet points:
- Do not whine, rant, or lecture the judge in your defense certification.
- Know when to tell a story rather than simply offer some conclusory remarks (See, my defense certification story below**)
- Match the proof with the story (For example, in the defense certification below, I presented the first page of the hospital record proving that my client’s mother did, in fact, go to the hospital at the time the ticket was issued.)
- Show the judge the parking zone to better understand what you’re talking about
- The more facts (details) that support your defense (that you can prove) the better
- Always write that you were not guilty of the parking violation and ask the judge to dismiss the ticket
_____________________________________
**Dear Honorable Judge,
I certify as follows:
I plead not guilty to this parking violation because:
- The police officer failed to enter my name on the parking ticket
- My car was disabled
On October 12, 2016, I drove my Mother (Mary Mother) for a test at NYU Hospital on First Avenue. My Mother and Father are elderly and not in great health, and live with me. I dropped my Mother in front of the entrance to the hospital and left to find a parking space.
I circled the block trying to find an on-street parking space. While I was traveling on East 30th Street the red engine light suddenly went on. My car is 25-years old and frequently breaks down. I immediately pulled to the side of a car parked at the curb because there was no vacant curb space.
The red light signaled a problem with my engine, It was running hot (I experienced problems with coolant circulation before). A couple of minutes passed and my cell phone rang. it was my Mother. I said hello to her, and at the same time, there was a knock on my window.
A police officer had pulled his patrol car behind my car and was standing by the driver’s side window. I told my Mother I would call her back and roll down the window. The police officer told me I stopped in a bike lane. I didn’t realize it was a bike lane (there were no visible markings in the roadway and explained to the officer that my engine light suddenly went on).
He saw the red engine light was on but said he had to write me a bike lane ticket. He asked for my license and registration, went back to his patrol car, and wrote the ticket.
I called my Mother back and she told me she would be finished sooner than we expected and would me back when done.
I was able to re-start my engine after it cooled down, found a parking space, and returned to NYU Hospital to pick up my Mother.
Attached please find a series of exhibits in support of my defense.
Due to these circumstances, please dismiss the parking ticket.
Thank you.
-I hereby certify that my testimony is the truth to the best of my knowledge. I fully understand that if my testimony is willfully false, I am subject to punishment.
-I certify that the images contained in my exhibits are true and accurate reproductions of what they purport to represent
-I certify that the Hospital Record of the test performed at NYU Hospital on October 12, 2016 (date/time this ticket was issued) was a true and accurate copy of the original record
-I certify that I was in the driver’s seat on the date/time the officer issued this parking ticket and omitted my name
Respectfully yours,
Commentary
“You can lead a horse to water, but you can’t make him drink.” It is human nature to want to draw your own conclusions. So:
- Don’t tell a judge what to do
- Present persuasive facts that lead the judge to only one reasonable conclusion…Not guilty!
Park safely.
very helpful
thanks
My pleasure, Laura.
Regards,
Larry