Last Updated on September 27, 2023 by Lawrence Berezin
Do you know which elements of a parking ticket the Evil Empire does not require?
I frequently received telephone calls and comments from wonderful members of the NYC driving community asking questions about required elements. For example:
- Is the “VIN” number a required element?
- How about “color?”
- What does “N/S” (“Not Shown”) or “N/A” (“Not Applicable”) mean?
The NYC driving community needed some help separating the required elements from the elements that the Evil Empire didn’t require. Likewise, they wanted to have a better understanding of the difference between vehicles registered in NY State and out-of-state vehicles (such as “body type.”)
Estimated reading time: 5 minutes
What is a required element?
A required element is a bite-size bit of information that the Evil Empire requires a warrior to enter in those tiny boxes on a parking ticket.
Meanwhile, Substantial evidence is required. No charge may be established except upon proof by substantial credible evidence. See 39-08 (3).
Moreover, a parking ticket establishes a prima facie case if all the required elements are entered correctly. In other words, no required elements can be omitted, misdescribed, or illegible.
In a trial under criminal law, the prosecution has the burden of presenting prima facie evidence of each element of the crime charged against the defendant. In a murder case, this would include evidence that the victim was, in fact, dead, that the defendant’s act caused the death, and evidence that the defendant acted with malice aforethought. If no party introduces new evidence, the case stands or falls just by the prima facie evidence or lack thereof.
However, the Prima facie evidence need not be conclusive or irrefutable: At this stage, evidence rebutting the case is not considered, only whether any party’s case has enough merit to take it to a full trial [Source: Wikipedia].
A parking ticket “trial”
A judge conducts the trial in person, by mail, or online. But, the rules do not require a parking ticket warrior to personally appear at a trial. Most importantly, the parking ticket is your adversary.
Therefore, if the warrior omitted, misdescribed, or entered a required element illegibly, the judge will dismiss the parking ticket for failure to establish a prima facie case against you (yea!). See 39-02(a)(3).
Here’s the Evil Empire’s detailed view of the required elements.
Likewise, the required elements are parking ticket gold.
For example, here’s what happens when you click on the “Required Elements” tag
Larry’s Money Saving Registration and Inspection Cheat Sheet
Larry shares helpful information for each subsection of the status violations rule related to registration and inspection—a veritable plethora of money-saving insights.
New York City treats out-of-state vehicles differently than vehicles registered in New York State.
An omitted, misdescribed, or illegible required element is parking ticket gold! Required elements are wonderful, tiny, bite-size bits of data that will set you free! Please, I beseech you always check the front of your parking ticket for these tiny gold nuggets. Remember, once you find your “get out of jail free” card, you must present the proper proof, properly to win a dismissal of your parking ticket.
I am sorry to report those parking ticket warriors rarely, if ever, enter the name of the operator of a vehicle (when present behind the wheel), despite a legal requirement to do so. What’s worse is that parking ticket judges would rather have their fingernails pulled off than dismiss a parking ticket for failure to enter the name of the operator.
The Evil Empire requires a warrior or cop to sign the ticket. However, the signature does not have to be readable. ‘X’ marks the spot.