Last Updated on April 30, 2022 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 photo 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 Sections 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 a 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.”
Commentary
Here’s a copy of the judge’s decision and order. There is some valuable information in the decision.
- The judge referred to the need for a parking ticket warrior to ask for 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 a parking ticket is not good service.
Generally, when a warrior wants to make his case against you more potent, 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 excellent client, Joe, for having the presence of mind to snap a photo of the warrior ignoring the rules.
Way to go, Joe!
Hi Larry,
Something very similar just happened to me! The warrior asked for my license but affixed the ticket to my windshield instead of handing it to me. Does this constitute personally served or do I have a good defense? (I do have mobile phone video of the warrior affixing the ticket).
Thanks!
Dan
My husband and I received a parking ticket for violation no standing except authorized vehicles from m-f 8am to 6pm. The officer gave the summon to my husband but didn’t ask him for his Id. The parking ticket omits my husband’s name. Can I serve as a witness? Is it possible the ticket can be dismissed due to lack of personal service?
Ivy,
Good thinking. Yes, it is very possible. Here’s the scoop…Judge’s would rather cut off an appendage than dismiss a parking ticket for lack of personal service. The tipping point is presenting a basket-full of facts that lead to only one possible conclusion…Your husband was seated behind the wheel when the ticket was issued. Here’s a link to a blog post that may be helpful. Here’s a link to another blog post that may be helpful.
https://newyorkparkingticket.com/is-the-name-of-operator-a-required-element-in-a-nyc-parking-ticket/
Good luck, Ivy.
Let me know how you do.
Regards,
Larry
He wasn’t parked that’s why not that complicated
Hi Larry,
The same thing happened to me but I was found guilty. The judge said there was no proof I was in the driver’s seat even though the photo could only be taken from the driver’s seat — it shows the side mirror and registration sticker! I think the judge is being unreasonable and I will file an appeal.
Hi, Dan,
What a shame!
There are some rogue judges that will not, under any circumstances, dismiss a ticket based on a lack of proper service defense. It’s happened to me, too.
These rogue judges are a disgrace and a black mark on the vast majority of judges who do the right thing and dismiss tickets that warrant dismissal.
This is my 10th year fighting NYC parking tickets and I still blow a gasket when I encounter one of these disgraceful judges. I am tempted to publish their names and do my best to get this coven of evil judges reeducated or dismissed.
Let me know how you do on appeal.
Good luck.
Regards,
Larry