Last Updated on June 27, 2017 by Lawrence Berezin
A picture beat a parking ticket
Joe hired New York Parking Ticket to help him battle an unjust parking ticket. We emailed Joe to give us any photographs or other items he’d like us to check in formulating his defense. When I received Joe’s reply, I was speechless. The best photograph ever was attached.
Why did the judge dismiss Joe’s parking ticket?
The NYC traffic rules and the NY State Vehicle and Traffic Law (“VTL”) need a parking ticket warrior to personally serve the operator with the evil ticket, if the operator is present when the parking ticket is issued.
In the past when I’ve raised this defense, judges have ignored it by saying our evidence was unpersuasive. However, it’s impossible to make that argument with this winning photograph.
The following are the applicable NYC traffic rule and Section of the VTL:
“NYC Traffic Rule
b) Service of notice of violation (summons). Service of the notice of violation (summons) may be made as follows:
(1) Personally on the operator of a vehicle. In such case, the name of the person
served shall also be inserted in the notice of violation (summons).
(2) If the operator is not present, the notice of violation (summons) shall be served
on the owner of the vehicle by affixing the notice to the vehicle in a conspicuous place.
Service of the notice of violation (summons) as herein provided shall have the same force
and effect as if personally served.”
“NY State VTL
2. A notice of violation shall be served personally upon the operator of a motor vehicle who is present at the time of service, and his name, together with the plate designation and the plate type as shown by the registration plates of said vehicle and the expiration date; the make or model, and body type of said vehicle; a description of the charged violation, including but not limited to a reference to the applicable traffic rule or provision of this chapter; information as to the days and hours the applicable rule or provision of this chapter is in effect, unless always in effect pursuant to rule or this chapter and where appropriate the word ALL when the days and/or hours in effect are everyday and/or twenty-four hours a day; the meter number for a meter violation, where appropriate; and the date, time and particular place of occurrence of the charged violation, shall be inserted therein.”
Here’s a copy of the judge’s decision and order…There is some valuable information in the decision.
- The judge referred to that need that a parking ticket warrior must ask the operator’s identification information, if present
- The judge found it persuasive that the operator was seated behind the wheel
- The warrior didn’t enter a comment on the parking ticket that the operator refused to provide an I.D.
This is important because [Tweet “NYC parking ticket judges ask for proof the operator of the chariot was seated behind the wheel”] How else would the warrior know the person in the car was the operator? Handing a passenger the parking ticket is not proper service.
Generally, when a warrior wants to make his case against you stronger, she will enter a comment, “I.D. was refused.” This way it’s the warrior’s word versus your word…Guess who wins that fight?
Kudos to our wonderful client, Joe, for having the presence of mind to snap a photograph of the warrior ignoring the rules.
Way to go, Joe!