Last Updated on November 14, 2017 by Lawrence Berezin

How to lose a Fire Hydrant Parking Ticket Hearing-part II

In part 1 of our story,  Joe showed us how to lose a fire hydrant parking ticket hearing. To pour salt onto a fresh wound, a couple of weeks later, Joe got a second fire hydrant parking violation.

But, this time Joe asked Larry to fight the parking ticket. Joe’s case is still pending.

Here are the defense certification and exhibits Larry prepared to vanquish this evil orange epistle.

You may wish to compare the two versions.

Joe’s fire hydrant defense certification prepared by Larry

Larry prepared this defense certification for Joe’s parking ticket fire hydrant hearing:

“March 15, 2013

New York City
Department of Finance

Hearing by Mail Unit


Post Office Box 29021

Brooklyn, NY 11202-9021

Violation Code: 40

Fire Hydrant

Dear Honorable Judge:

I certify as follows:

I plead not guilty to this parking violation. I did not park within 15 feet of the fire hydrant.

I got a parking summons on Saturday, February 16, 2013. I was walking back to my car from a church meeting with Bill Smith, a member of my church when I saw the summons stuck under my wiper. I am a group leader in my church. We meet on Saturday mornings.

Our church is located down the block from the Azure (333 East 91 Street, NYC) at 316 East 91 Street, NYC). My church rents the “Promise Theater” building on Wednesdays, Fridays, Saturdays, and Sundays.

I returned to my church to get a tape measure to measure the distance I parked from the fire hydrant. Mr. Smith witnessed these measurements. We both observed that my car was parked more than 15 feet from the fire hydrant (Please see the witness certification from Mr. Smith).

I took a series of photographs of my car parked in front of Azure, 333 East 91 Street, and prepared images of Google Maps Street View to submit in support of my defense.

Please see the Exhibits attached hereto.

Under these circumstances, please dismiss this parking ticket.

Thank you.

Respectfully yours,

Joe Doe

Certification

I hereby certify that the foregoing statements made by me are true to the best of my knowledge. I am aware that if any of my testimony is willfully false, I am subject to punishment.

I further certify to the truth and accuracy of all the exhibits attached hereto in support of my defense to this parking violation

I further certify that I did not move my car from the parking space where it received a parking violation prior to taking the photographs attached hereto as exhibits in support of my defense.”

                                                           _________________________________

                                                                                Joe Doe

The following exhibits supported Joe’s defense

 

Exhibit #1:  Google Map view of the front of Azure (333 East 91 Street, NYC the place of occurrence entered on the parking ticket)

 

Exhibit #2: Google Map view of the front of the Azure showing street number and name of building (Azure)

 

Exhibit #3: The real estate listing for the Azure identifies the location of the building at 333 91 Street, NYC.

 

Exhibit #4: Another view of the front of Azure showing the parking signs and fire hydrant

 

Exhibit #5: This view is a close-up of the red parking sign. I included this exhibit to prove that Joe didn’t violate the red no standing sign, or the street cleaning signs because he didn’t park his car during the prohibited days/times. You don’t want to leave the impression with a parking ticket judge that you violated a parking rule and got away with it.

These exhibits provide the judge with a birds-eye view of the scene of the parking crime while proving the place of occurrence on the parking ticket matches Joe’s photographs of the scene of the parking crime.

Next, we want to prove that Joe parked more than 15 feet from the fire hydrant

Exhibit #6: This is Joe’s Mustang. I’ve removed the view of the front license plate (it must be included). This exhibit establishes Joe’s car matches the description of the vehicle entered on the parking ticket, and is parked in front of the Azure.

Exhibit #7: This exhibit provides a view of Joe’s car, the witness, and the tape measure extended from the fire hydrant towards the Mustang.

Exhibit #9: A view of the tape measure extended on the sidewalk near the rear bumper of the Joe’s car

Exhibit #10: A close-up view of the tape measure showing that Joe’s car was parked more than 15 feet away from the fire hydrant

Commentary

It is difficult to defeat a parking ticket for standing within 15 feet of a fire hydrant when your defense is that you parked further away than 15 feet. A parking ticket judge may claim that you moved your chariot before taking the photographs. However, if you do a super job establishing the place of occurrence, and present photographic evidence of your measurement; along with a picture of your witness and a witness certification, you can beat this parking ticket.

I’ve attempted to give you the recipe for success. Don’t take any shortcuts. You have a real good chance to right a wrong and win.

What do you think? Do you recognize the short-comings of Joe’s first attempt to beat first fire hydrant parking ticket? I’d love to hear your comments. They will benefit all of us.

UPDATE: Larry won. Ticket dismissed. Yea!

In part 1 of our story,