You can beat no standing tickets
Have you ever uttered the following statement about any of your successful friends?
“Some people have all the luck.”
In my humble opinion, it’s not luck. It’s knowledge and preparation.
The same holds true when fighting no standing tickets. You can avoid getting these ubiquitous NYC fundraisers with knowledge of the parking rules. You fight them and win with preparation.
Let’s start with the knowledge portion
This is the boring part, but essential to acquiring the proper foundation to beat those costly no standing tickets.
The no standing rules live in NYC Traffic Rule 4-08.
(f) General no standing zones (standing and parking prohibited in specified places).[/alert]
No person shall stand or park a vehicle in any of the following places unless otherwise indicated by posted signs, markings or other traffic control devices, or at the direction of a law enforcement officer:
(1) Double parking. On the roadway side of a vehicle stopped, standing, or parked at the curb, except a person may stand a commercial vehicle alongside a vehicle parked at the curb at such locations and during such hours that stopping, standing, or parking is not prohibited, while expeditiously making pickups, deliveries or service calls, provided that there is no unoccupied parking space or designated loading zone on either side of the street within 100 feet that can be used for such standing, and provided further that such standing is in compliance with the provisions of §1102 of the State Vehicle and Traffic Law. A person may stand a commercial vehicle along the roadway side of a bicycle lane provided all other conditions of this paragraph are met. For the purposes of this paragraph (f)(1), “expeditiously making pickups, deliveries or service calls” shall mean that any period of inactivity at the pick-up, delivery or service call location does not exceed 30 minutes. However, such definition shall in no way limit the discretion of the Department of Finance Adjudication Tribunal to determine whether a violation of this paragraph has occurred
(2) Driveways. In front of a public or private driveway, except that it shall be permissible for the owner, lessor or lessee of the lot accessed by a private driveway to park a passenger vehicle registered to him/her at that address in front of such driveway, provided that such lot does not contain more than two dwelling units and further provided that such parking does not violate any other provision of the Vehicle and Traffic Law or local law or rule concerning the parking, stopping or standing of motor vehicles. The prohibition herein shall not apply to driveways that have been rendered unusable due to the presence of a building or other fixed obstruction and, therefore, are not being used as defined in §4-01(b) of these rules.
(3) Parks. In any park between one-half hour after sunset and one-half hour before sunrise, except at places designated or maintained for the parking of vehicles.
(4) Bus lane. In any lane designated for the exclusive use of buses.
(5) Railroad crossings. Within fifty feet of the nearest rail of a railroad crossing.
(6) Safety Zones. In a safety zone, between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone.
(7) Pedestrian ramps. Alongside or in a manner which obstructs a curb area which has been cut down, lowered or otherwise constructed or altered to provide access for persons with disabilities at a marked or unmarked crosswalk as defined in subdivision (b) of §4-01 of this chapter. A person may stop, stand or park a vehicle alongside or in a manner which obstructs a pedestrian ramp not located within such crosswalk unless otherwise prohibited
General no standing tickets are for violations where there are no parking signs warning us of a potential violation. You’ll never find a parking sign alerting you to a pedestrian ramp or a safety zone. These no standing violations are our invisible enemies.
(c) Violation of posted no standing rules prohibited.[/alert]
When official signs, markings or traffic-control devices have been posted prohibiting, restricting or limiting the standing of vehicles, no person shall stand or park any vehicle in violation of the restrictions posted on such signs, markings or traffic-control devices, except as otherwise provided herein:
(1) No standing (snow emergency). When the Commissioner declares a state of snow emergency, no person shall stand or park a vehicle upon a street designated by signs as a snow street, or upon any other area referred to in §4-12(k)(1) of these rules and except as otherwise provided therein
(2) No standing-taxi stand. No person shall stand or park a vehicle other than a taxi in a taxi stand when any such stand has been officially designated and appropriately posted except that the operator of a vehicle may temporarily stand therein for the purpose of expeditiously receiving and discharging passengers provided such standing does not interfere with any taxi about to enter or leave such zone.
(3) No standing-bus stop. No person shall stand or park a vehicle other than an authorized bus in its assigned bus stop when any such stop has been officially designated and appropriately posted except that the operator of a vehicle may temporarily stand therein for the purpose of expeditiously receiving and discharging passengers provided such standing does not interfere with any bus about to enter or leave such zone.
(4) No standing except authorized vehicles. Except as provided in paragraph (8) of this subdivision, where a posted sign reads “No Standing Except Authorized Vehicles,” no vehicles, except those designated by a rider attached to such sign, may stand or park in that area.
(5) No standing-hotel loading zone. No person shall stand or park a vehicle in such zone except temporarily for the purpose of and while actually engaged in receiving or discharging passengers and their personal baggage at hotels.
(6) No standing-commuter van stop. No person shall stand or park a vehicle other than a commuter van in a commuter van stop when such a stop has been officially designated and appropriately posted, except that an operator of such other vehicle may temporarily stand therein for the purpose of expeditiously receiving or discharging passengers provided such standing does not interfere with any commuter van about to enter or leave such zone.
(7) No standing-for-hire vehicle stop. No person shall stand or park a vehicle other than a for-hire vehicle in a for-hire vehicle stop when such a stop has been officially designated and appropriately posted, except that an operator of such other vehicle may temporarily stand therein for the purpose of expeditiously receiving or discharging passengers provided such standing does not interfere with any for-hire vehicle about to enter or leave such zone.
(8) No standing except certain diplomatic and consular vehicles
The no standing parking violations set forth in subsection c pertain to parking rules displayed on parking signs.
3 Lessons I learned from beating no standing tickets
- Did the facts of the case fit the definition of the parking crime? Was my chariot really double parked?
1. I recently defeated a double parking ticket for a commercial client. Double parking is standing, or parking on the roadway side of a vehicle stopped, standing or parked at the curb.
I argued that a Mack truck couldn’t possibly stand on the roadway side of a vehicle stopped, standing or parked at the curb in this bus stop zone because these two vehicles would have blocked both travel lanes on Madison Avenue. Plus, buses would have been blocked from entering or exiting the bus stop zone and surely the Warrior would have entered that fact on the parking ticket. Here is one exhibit of eleven exhibits I submitted to illustrate my point.
2. Example: I beat a double parking ticket by arguing that the facts didn’t fit the parking crime. There was a car parked at the curb. The next travel lane was a bike lane. The next travel lane was for vehicles. Our client stopped in the travel lane alongside the bike lane. In other words, there was a bike lane in between the car standing at the curb and our client’s car. These facts do not constitute double parking.
I successfully argued that the double parking rule was intended to prohibit stopping, standing or parking a vehicle in the lane next to a vehicle occupying the curbside parking lane. If interpreted otherwise, a car legally parked on the opposite curb would be guilty of double parking.” Ticket dismissed!
- Did I present the proper proof persuasively to convince a judge to dismiss the no standing ticket?
1. I’ve beaten many general no standing tickets arguing our clients stopped temporarily to drop off (or pick up) a passenger and immediately left the no standing zone. But, you can’t present this defense persuasively without a statement from a credible witness. Your words alone will not set you free.
Are you making these 5 common mistakes?:
-Parroting the “legal defense” word-for-word? Use real words, not legal words. Don’t state that you stopped temporarily to pick up a passenger and left the zone immediately. Instead, state, I stopped my car for a moment to pick up my wife and left immediately. Tell a story. Don’t write a law-book.
-Ignoring the testimony of the warrior in the “comment” section of the parking ticket? Use the comment to prove your case. I recently beat a no standing ticket for an Uber driver because the warrior entered “sitter” in the comment section. “Sitter” means that the driver is sitting in the car in the no standing zone. My defense was that the warrior and I agreed that the driver was seated behind the wheel of his car when the parking ticket was issued. However, the warrior didn’t ask the driver for his license. And, didn’t enter the name of the driver on the parking ticket. Therefore, there was a lack of personal service. Ticket dismissed
-Typing the witness statement so it looks neat and pretty, and like someone other than the witness wrote it? Ask the witness to write her statement in her own handwriting. It should look like a human person wrote it, not the defendant or his lawyer
-Testifying that you expeditiously picked up your Mother and her luggage in a bus stop zone? Or, you dropped off your wife and 12 bags of groceries in front of your house in a no standing area. You lose because bus stops are no standing zones. You are permitted to stop temporarily to drop off or pick up people but not their stuff, and leave immediately in a not standing zone
-Not laying the proper foundation when submitting photographs of the scene of the parking crime? I just viewed a series of wonderful, overlapping photographs of all the parking signs on an entire NYC block. The problem is I can’t tell which NYC block. You lose unless you lay the proper foundation to identify the location of your wonderful evidence
-Did you thoroughly investigate the accuracy of each and every required element? Required elements are your “Get-out-of-jail-free” cards. Search ’em out and raise any omitted, misdescribed, or illegible required elements as a defense to the parking ticket
1. It’s easy to check the body type and expiration date for accuracy. But what about the days/hours on the parking sign that regulated your parking space? It takes time to mine this gold.
2. How about the place of occurrence? Does it accurately describe a parking space that was regulated by the parking rule you were charged with violating? It takes time, but it is time well spent to uncover this gold.
I can’t tell you how many times I unearthed defects that led to dismissals.
“We often miss opportunity because it’s dressed in overalls and looks like work”
― Thomas A. Edison
Knowledge plus preparation minus laziness = dismissal.
[I love the image of a no standing sign with the chair. Check out the wonderful work of photographer David Walsh]