Last Updated on April 28, 2015 by Lawrence Berezin
How to beat a NYC parking ticket because the parking rule was misdescribed
Diane, a wonderful member of our NYC parking ticket community, was issued a No parking violation. The warrior entered one of those mystical, pirate map descriptions of the parking space, as follows:
“ES 163rd Street, 70 feet N/ of Jamaica Avenue, Queens, NY”
I investigated and found:
- The parking rule displayed on the sign regulating the curb space at the place of occurrence was misdescribed
The challenge was to present the proper proof, properly to prove our case.
How to translate the cockamamie description of the place of occurrence
A warrior or cop has three options when entering the place of occurrence on a NYC parking ticket:
The warrior chose the cockamamie option and entered:
East side of 163rd Street, 70 feet north of Jamaica Avenue
- My first step was to check out Google Maps Street View to check out the location
- My second step was to search the text-based parking regulation tool furnished by the NYC DOT to learn the identity of the parking sign that lives on 163rd Street and regulates the curb space 70 feet from Jamaica Avenue
- The results revealed a No Standing sign, not a No Parking sign
- Confirm the results on the NYC DOT Parking Regulations Map.
- Results confirmed
Now, how to we prove it and win?
Here are the exhibits
It takes a bunch of exhibits to prove the parking rule was misdescribed. Some tips:
- I love Google Maps Street View but must keep in mind that the images are not current
- I use the text-based tool when the distance from the corner is significant. For example, if the distance is 10 feet, I prefer asking our client to snap a few photographs using a tape measure to show the distance from the corner. However, when it’s 70 feet, I find it too cumbersome and difficult to use and photograph the tape measure
- My preference is to combine Google Maps, the NYC DOT Parking Regulation Map (the one with the little red pins), and live photographs to prepare our exhibits
- Make it easy on the judge. Don’t state that she can call you if she has any questions. Don’t assume he will look up stuff you refer to. The judge isn’t going to base his decision on any evidence that you do not present, period
UPDATE- The original parking ticket judge found our client, Guilty. Why? Check out the next blog post to find out the answer to this mystery.