Last Updated on October 12, 2017 by Lawrence Berezin
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):
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)
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
- The police officer failed to enter my name on the parking ticket
- My car was disabled
“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!