Cop giving a couble parking ticket

Customer Success: Beating a Double Parking Ticket

 

This is an image of a cop issuing a double parking ticket to a motorist in NYC
Why are you giving me a ticket? Do you know the answer?

Beating a double parking ticket because the double parking rule was misapplied

Double parking ticket. Joe kept checking his watch because he was running late for church. And to make matters worse, the church’s sound engineer was sitting in the front seat of his car. Joe was trying to get her to the church on time.

Joe quickly turned onto 91st Street, drove to the middle of the block, and stopped temporarily in the travel lane next to the bike lane to drop her off.

Meanwhile, the sound engineer immediately jumped out of the car, and  Joe was about to continue down the street when all of a sudden…

Joe was issued a ticket for double parking

To be clear, 91st Street has a parking lane alongside the curb. Immediately adjacent to the parking lane is a bike lane. Alongside the bike lane is a traffic lane.

Here’s what 91st Street looked like when Joe was issued a double parking ticket:

This image is a Google Map view of the street where Joe's double parking ticket was issued
NYPT-blog-hand-drawn exhibit-double parking ticket


 

Larry applied his 10-point checklist

First, Larry (that’s me) followed his 10-Point Checklist in reviewing Joe’s parking ticket. Unfortunately, all required elements were entered correctly. But, while trying to formulate a substantive defense, I decided to argue that the double parking rule was misapplied:

Double parking is prohibited On the roadway side of a vehicle stopped, standing, or parked at the curb, except a person may stand a commercial vehicle alongside a vehicle parked at the curb at such locations and during such hours that stopping,  standing, or parking is not prohibited, while expeditiously making pickups, deliveries or service calls, provided that there is no unoccupied parking space or designated loading zone on either side of the street within 100 feet that can be used for such standing, and provided further that such standing is in compliance with the provisions of §1102 of the State Vehicle and Traffic Law. A person may stand a commercial vehicle along the roadway side of a bicycle lane provided all other conditions of this paragraph are met. For the purposes of this paragraph (f)(1), “expeditiously making pickups, deliveries or service calls” shall mean that any period of inactivity at the pick-up, delivery or service call location does not exceed 30 minutes. However, such definition shall in no way limit the discretion of the Department of Finance Adjudication Tribunal to decide whether a violation of this paragraph has occurred.

Here’s a copy of the double parking ticket:

This is an image of Joe's double parking ticket

The double parking rule was intended to prohibit stopping, standing, or parking a vehicle in the lane next to a vehicle occupying the curbside parking lane. If interpreted otherwise, a car legally parked on the opposite curb would be guilty of double parking.

As further evidence that I was not stopped alongside a vehicle parked at the curb:

• I probably would have been issued a parking ticket for stopping in a bicycle lane, as well as double parking

• The TEA probably would have entered a comment that I was stopped in a bike lane

Double parking is a no-standing violation, and as such, a driver is permitted to stop temporarily and drop off a passenger and go. I learned this from the Guide published by the NYC Department of Finance Adjudication Division on pages 10 and 14. (See, “Got Tickets? Your Guide to Parking Ticket Hearings”). An NYC driver should rely on the information contained in a guide published by the Adjudication Division of the NYC Department of Finance.

Due to these circumstances, please dismiss this parking ticket.

Thank you.

Outcome

The original judge issued a guilty verdict and wrote a dubious opinion. The decision failed to discuss the issues we raised about the misapplication of the double parking rule (the more boilerplate, inadequate, and arbitrary, the better your chances of winning on appeal).

We appealed the decision, and the appeals panel reversed the decision of the original judge.

Parking ticket dismissed!

Commentary

Key takeaways:

  • Follow Larry’s 10-point checklist
  • Remember, the Evil Empire rejects passenger vehicles double parking.
  • Consider whether the parking rule was applied correctly when attempting to formulate a substantive defense
  • Don’t give up the good fight if you get a bad decision from the original judge
  • Read the original judge’s written decision carefully
  • Your burden on appeal is to persuade the appeals panel that the original judge made a mistake of law or fact (technically, you can’t submit new evidence on appeal)
  • Don’t overlook the status of the “Complainant’s Comments” because empty space or an inadequate comment can spell victory
What should I do?
Strong child with muscles drawn on chalkboard in elementary scho

Be Strong.

Fight unjust double-parking tickets!

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2 Comments

Thank you Larry. I got the same type of double parking ticket. I was picking up food delivery order at a restaurant while working out of my pass plate car. I was working for Uber Eats. Does the same argument above apply?