Why did our client get a no standing parking ticket?
What follows is Susan’s no standing parking ticket story:
Susan was running late and was a little discombobulated. Gail, her daughter, had an audition for a role in Universal Kids at 5 pm. She pulled up in front of her house, called Gail on her cell phone, and asked her to come quickly.
Gail came running out of the house, jumped into her Mom’s car, and the two women were off to the audition.
Gail arrived at 34 W 27th Street in NYC and spotted some vacant curb space to squeeze in and drop off Gail. Gail’s audition was with One-on-One Studios located on the 11th floor of the building. Gail jumped out of the car, Susan immediately activated her turn signal and waited for traffic to pass to re-enter the travel lane. Sadly, a Parking Ticket Warrior approaching her car had a different plan for Susan.
She walked up to Susan’s car, scanned the sticker, and issued a no standing parking ticket. Susan rolled down her window to explain that she just dropped off her daughter and was leaving the area. As we all are familiar with this Warrior reply, “too late. You can fight the ticket.”
Susan got a no standing_commercial meter zone ticket. In other words, Susan was charged with standing a passenger vehicle in a parking zone that was restricted to commercial vehicles.
The no standing parking ticket rules
Standing. The term “standing” shall mean the stopping of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers
(l) Blue zone, midtown, and other special zones.
(1) Blue zone. No person shall park a vehicle upon any of the streets within the area designated as the “Blue Zone,” Monday through Friday from 7 a.m. to 7 p.m., except as otherwise posted along the perimeter of and inside the designated area, or when necessary to avoid conflict with other traffic or in compliance with law or upon the direction of any law enforcement officer authorized to enforce these rules. Said area is indicated by a blue line painted parallel to the curb and is bounded by the northern property line of Frankfort Street, the northern property line of Dover Street, the eastern property line of South Street, the western property line of State Street, the centerline of Broadway, and the centerline of Park Row.
(2) Special midtown rule: method of parking. Except where otherwise restricted, between the hours of 7 a.m. and 7 p.m. daily, except Sundays, from 14th to 60th Streets, 1st to 8th Avenues, all inclusive, in the Borough of Manhattan, no operator of a vehicle or combination of vehicles used for transportation of merchandise shall stop, stand, or park in any of the streets herein designated, other than parallel and close to the curb, and occupy no more than ten feet of roadway space from the nearest curb, and in no case shall any such vehicle be backed in at an angle to the curb.
(3) Special midtown rule: standing time limit.
(i) Between the hours of 7 a.m. and 7 p.m., daily except Sundays, from 14th to 60th Streets, 1st to 8th Avenues, all-inclusive, in the Borough of Manhattan no operator shall stand a vehicle or combination of vehicles for the purpose of making pickups, deliveries or service calls in any one block of streets herein designated for a period of more than three hours unless otherwise posted. A vehicle or combination of vehicles not being used for expeditious pickups, deliveries or service calls is deemed to constitute a parked vehicle subject to parking rules applicable to that particular location.
(ii) Commercial parking meter area. Notwithstanding the provisions of subparagraph (i) of this paragraph, where signs are posted regulating the use of the curb by commercial vehicles it shall be unlawful to stand a vehicle in any space on a block unless such vehicle is a “commercial vehicle” as defined in §4-01(b)(i) of this chapter or a vehicle with a valid “combination” registration from another state, and unless such space is controlled by a parking meter. The maximum time for such metered parking on a single block shall be a total of three hours unless otherwise indicated by a posted sign. The provisions of subdivision (h) of this section shall apply to commercial vehicles parked at a parking meter pursuant to this paragraph.
How to build Susan’s defense
1.Choose a defense
Susan’s defense is found in the standing rule itself. As the rule states, it is not standing if you stop temporarily for the purpose of and while actually engaged in receiving or discharging passengers. Susan did, in fact, stop temporarily to drop off Gail and was leaving the no standing zone when she got the no standing parking ticket.
2.How do we word our defense certification
The key elements here are creating a credible story that has a bunch of believable facts. Here is Susan’s defense certification:
Exhibit gallery[Cllick on the first exhibit to view all of ’em]
Stop, drop off or pick up, and go is a winning defense to a no standing ticket because:
- If you prove the defense, you win because you weren’t standing your chariot. Remember, the definition of standing is, “the stopping of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.” In other words, According to the definition of standing, if you were dropping off your daughter, you were not standing
-Details, details, details. The more believable details (up to a point) you offer a judge, the more credible your story is.
-Don’t parrot the exact legal language of the stop, drop and go defense by saying, I temporarily stopped my car, expeditiously discharged my wife, and immediately left the area. Or, I was actively engaged in discharging a passenger.
You may wish to say, I stopped my car for a moment, my wife quickly got out, and I was waiting to return to the roadway with my blinker on when I got the ticket.
-Try to think of a way to prove you dropped off your passenger at the place of occurrence. For example, a note from the doctor, a receipt from the pharmacy, or bill from the grocery store
-Try to think of a way to prove you immediately left the no standing zone. For example, tell the judge where you were going, if you were going to return to pick up your passenger. If not, how was she getting to her next stop?
Remember, if you testify that your passenger was running into a Starbucks, it isn’t believable that you were immediately leaving the no standing zone to run some errands and then return to the Starbucks to pick up your passenger. A judge will believe that you were waiting for your passenger to finish her visit to Starbucks. But, if that was the case, then add the defense of lack of proper personal service if the Warrior or cop doesn’t enter your name on the ticket.
Judge’s decison: Not guilty. Ticket dismissed. Yay!
Have you ever beaten a no standing ticket? if so, share your story. How’d you do it?
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