Did Joe violate the New York parking ticket rules against parking in a crosswalk, and in front of an active driveway?

Joe parked his minivan in front of his house for 4 years. He lives in a two-family home, which is accessed by a driveway. The owner of the property lives in one of the dwelling units. Joe wakes up, goes outside to find his vehicle has a parking ticket. He is charged with violation of VC  50, parking in a crosswalk.

Joe immediately takes photographs of his vehicle in the exact location where he parked. He is furious and very concerned.  How can he get a parking ticket after parking in the same location for four years, parking ticket free. Where is he going to park from now on?

Joe calls you for help. What is your opinion?

• What is the first thing you advise Joe to do? 
• I always recommend checking the front of your parking ticket for mistakes. If any of the required elements are omitted, misdescribed or illegible, your ticket is dismissable upon application
• Did Joe violate VC 50?
• The answer is “in the eye of the beholder.” When you look at the photographs, did Joe’s front bumper extend into the unmarked crosswalk. I showed this photo to our fans on Facebook. Not one fan thought Joe parked in the crosswalk. Keep in mind that the thick white line is a stop sign bar, not the crosswalk. I’m going to fight this violation for our client. Especially since it is critical for him to know whether he can park in front of his home without receiving a parking ticket
• Did Joe violate the rule against parking in front of a driveway?
• No. For 2 reasons. The photographs show the rear of Joe’s vehicle did not break the plane of the driveway. And, second, you are permitted to park in front of a driveway if; you lease the premises, and there are 2 or less dwelling units
• Do you recommend Joe fight his parking tickets?
• YES!
• What do you advise Joe about parking at that location in the future?
• It depends on the outcome of our fight. For now, it is risky because the tickets were issued by the same warrior; who will probably keep shooting that beam of light at Joe’s car. I’d advise Joe to try to find parking elsewhere until the issue is resolved

It is critically important to take super duper photographs immediately after the ticket is issued to persuade a parking ticket judge you did not park in the crosswalk.

The applicable NYC parking rules and definitions

Crosswalk: Unmarked crosswalk. That part of a roadway, other than a marked crosswalk, which is included within the extensions of the sidewalk lines between opposite sides of the roadway at an intersection

VC50: Stopping, standing or parking in a crosswalk is prohibited.  Note: Crosswalks are not always identified by painted street markings

4-08(f) Standing and Parking is Prohibited:

(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.

Here’s a photograph taking immediately following discovery of the evil parking ticket

Commentary

This is a real, live case. Joe received two parking tickets in the past two days for parking in a crosswalk, in front of his home. The same warrior issued both tickets, at a cost to Joe of $115 per parking ticket.

Larry’s note…The solid white line near the pedestrian ramp and underneath the front of the vehicle is a “stop line.” It is to remind drivers to stop behind the line. It is not a crosswalk line or lane marker. It has nothing to do with a secret parking law.

Tell us what Joe should do. What do you advise?

I will post my advice for Joe, tomorrow.

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Lawrence Berezin

Lawyer with 40-years experience who is committed to helping you beat your NYC parking tickets

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