Pedestrians vs. The NYC driving public. The prize is beating an NYC parking ticket for “blocking the box”
Ladies and Gentlemen, in the red corner you have NYC pedestrians and residents shouting about noise and traffic congestion. In the green corner, you have the NYC driving public yelling about draconian fines for trying to navigate through a crowded intersection during rush hour. This onerous NYC parking ticket costs $115. This is the main event.
Violation Code (VC) 9 prohibits:
Obstructing traffic at an intersection also known as “Blocking the Box”
The white crosswalk lines in NYC make a box. When a traffic light turns green, and traffic is stopped on the opposite side of the intersection, no operator can enter the box unless there is sufficient unobstructed space beyond the far crosswalk in the lane you are traveling to accommodate your vehicle; despite any traffic control signal allowing you to proceed. Whew, tough assignment.
Background
“Blocking the Box” has been an emotional issue for many years in NYC. In a 2006 study conducted by Borough President Scott Stringer’s office, more than 3,000 blocking the box violations were observed at 10 locations in Manhattan during a single nine-hour period, but no driver received a ticket. As a result of the lack of compliance and enforcement of the NYC moving violation for “Blocking the Box,” legislation was enacted on July 7, 2008, making “Blocking the Box” a parking violation; subjecting the driving public to a fine, but no points.
“Blocking the Box” was accorded dual status as a moving violation and a parking violation.
Impact on the driving public
On one hand, the DOF giveth by eliminating 2 points and adverse impact on your insurance rates. On the other hand, the DOF taketh away by raising the fine in NYC from $90 to $115; and allowing any NYC parking ticket warrior to issue a summons for “Blocking the Box”. Prior to the legislation, only police officers could issue moving violations.
Can you beat this NYC parking ticket?
Yes.
Lawrence Berezin
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how can you beat this ticket, we got one as we approached the box and a woman PO was crossing the street, when she passed our car anther officer scanned our vehicle and I told him I was waiting for her to cross and my right signal is on and I continue into the next lane, never got a ticket there but a prepenalty notice for non payment came in the mail today
it was a left turn lane
Hi Will,
Sorry to hear about your blocking the box pain.
You have a valid defense to the nasty ticket. However, your challenge will be to persuade a judge that you were in the process of making a turn. It is a tough ticket to beat.
Regards,
Larry
got a ticket today for blocking the box.
THE plate number is wrong. Is this be enforced?
Hi, Maria,
Good afternoon. Great luck.
If the plate number is wrong, you win.
You can either fight it or ignore it.
I prefer eliminating bad karma and would fight it.
-Submit photographs of:
The ticket
Your registration
The front of your car
Close-up on registration sticker on windshield
Close-up of plate
I fight ’em online.
Good luck.
Regards,
Larry
was in (NYC) driving on straightaway path with green light person jay walked into street i stopped before the cross walk traffic personnel walked over and scanned (reg) stated i was obstructing traffic at intersection what did i do wrong ? follow zero vision Yield for pedestrians and how it goes No good deed goes unpunished In addition Traffic agent put himself and my passengers into harms way by walking up to the vehicle without me knowing that that was his intentions tax [Name omitted by Larry] traffic/ stop jay walking not safe a lot of people are victims of hit and runs do it the right way next time keep Prevent the pedestrian from Jay walking into oncoming traffic. i will contest this and post the out come thanks for the information .
I moved away from the box and on to the crosswalk to avoid blocking the box onto the crosswalk. The car in front right side of me of making a left turn signal so i yielded for that car. And then right after the pedestrian signal turned white, a Traffic officer walked ever slowly in front of my car and beamed my car registration.
I tried to obey the fullest extent of nys traffic by not block box, yielding turning car but i was in the crosswalk. Can i win with video dashcam recording this?
HI, Jeff,
Good morning.
I would really need to look at the ticket and check out the evil intersection to give you an intelligent, honest reply, which is beyond the scope of the blog.
Good luck fighting the good fight.
Regards,
Larry
Hi Larry,
Trying to dispute a VC9 and my first online attempt failed to sway the judge. I attempted to show their was the intent to entrap motorist at an intersection feeding into the Holland Tunnel -> Broome Street Feeder. The set-up went like this…
1st intersection – a traffic agent (yellow vest) increases the lanes from 3 to 4.
3rd intersection – a traffic agent (yellow vest) decreases the lanes from 4 to 2.
The 2nd / middle intersection – 3 Traffic Enforcement Officers and their Sargent ticketing 2 cars each time the light changed – No traffic agent present.
Any advice on the best approach to fight this. I have the photos of the Ticket Enforcement Officers and Sargent all staring up at the lights and waiting to ticket as soon as the light changes.
Thank you!
Hi, Jahn,
Good morning.
I’m afraid NYC intersections are gold for the Evil Empire, especially during rush hour.
I’ve been complaining about this practice for years, i.e. waiting to ambush drivers rather than directing traffic through the intersections. It has fallen on deaf ears.
If you raise this defense, based on your one experience without expert testimony, you will lose your case.
If you really want to spend the time and money:
-You need more than one sample of this type of deployment to base a case around
-You need to hire a traffic expert to opine that this type of deployment is a trap
-You will lose your fight and appeal
-You will have to file an Article 78 application and present your case in adult court
Kudos for thought and hard work.
Good luck.
Regards,
Larry
Hi Larry,
I also received a ticket at Broome , Holland Tunnel feeder. I got mine for blocking the box during stopped traffic while my light was still green. Can I fight this?
Elias
Hi, Elias,
Good morning.
Getting through an NYC intersection unscathed is a real tough challenge.
I suggest you check out the blog posts I’ve written beating blocking the box tickets for a detailed analysis of how to beat these nasty tickets.
Your best bet may be to look for omitted, misdescribed, or eligible required elements. if you find one or more, you win subject to presenting the proper proof, properly.
If none, some defenses are:
-Turning
-The Warrior not entering your name on the ticket
-Telling your story to the judge. Why didn’t you make it through the box
Good luck, Elias
Regards,
Larry
Just want to say I too was entrapped and ticketed on Broome. We sat on Broome st. patiently for an hour in traffic going to the Holland tunnel. We didn’t honk we just quietly complained to each other. At one of the final lights there was an actual traffic officer(first one we say in 6 blocks) they gestured us to move to the far right lane and then we passed the box on a green light (our tail was on the crosswalk) inching forward and then the ticket agent banged our window and zapped our sticker. There were 5 of those same ticket agents standing on the corner. We pulled over and I got out to talk to them explaining the officer instructed us to move to the location, we would have gladly waited in our slow lane. Sad that this is our city’s money at work, could have used 5 people actually directing traffic and 2 ticketing but it was the complete other way around.
Hi, Brina,
I am very sorry to hear about your totally unjust ticket.
It is a crying shame that the Evil Empire doesn’t have the Warriors directing traffic instead of ambushing drivers during rush hour.
Good luck.
Regards,
Larry
Just got ticket blitzed for “blocking the box” on Broome and Watts yesterday. Light was still green as the oncoming traffic was still sitting at their red light and i ended up in crosswalk. I was in the box for 5 seconds saw the traffic cop walking towards me and I pulled my car into the right lane and proceeded into lane but he banged on the rear of my car to stop and proceeded to ticket me. He put my first name only on ticket no vin # no year no exp date. Do I have a chance to fight this? Thank you
Hi, Linda,
Sorry about your blocking the box pain!
1. Your first name is sufficient
2. Vin # is not a required element and will not win a dismissal
3. The year your car was born is not a required element
4. If the registration expiration date is displayed on the windshield or plate, you win subject to submitting the proper proof, properly. For example, a vehicle registered in NY does not display the reg.exp.date on the windshield nor the plate, while a vehicle registered in Virginia does
Good luck.
Regards,
Larry
Hey Larry,
Got a block the box ticket on 8th ave and 40st and lost my first appeal. The details: I entered when the light was green and traffic flowing. There was a tall truck in front of me so was not able to see far in front. Traffic stopped when I nearly reached the other side but I got coughs in red right before the pedestrian crosswalk. So was not interfering with traffic coming from the other side r pedestrians crossing. Also she wrote my name wrong and did not mention the exp. date although it’s on a sticker in the front windshield. Did not mention those last two pieces of info in my first appeal. Any tips for my second appeal?
Hi, Avi,
Good afternoon.
Sorry to learn you lost. But, the iconic “Blocking the Box” ticket is incredibly hard to beat on the merits. I’m afraid, and the “tall truck” defense isn’t a winning defense.
However, your best defense is that the registration expiration date was omitted, even though it was displayed on a sticker on the front windshield. You have two challenges here:
-You didn’t raise this defense at the initial hearing.
Your burden of proof on appeal is to persuade an appeals panel that the original judge made a mistake of law or fact based on the evidence submitted. You are not permitted to offer new evidence on appeal. I would argue that the DOF promises to look for defective required elements during the initial hearing and didn’t. Therefore, in the interest of justice, you’re raising the defense on appeal. See, page 3 Your Guide to Parking Ticket Hearings_DOF
-Persuading the appeals panel that the registration expiration date sticker was attached to the windshield on the date and time this VC9 ticket was issued.
Good luck.
Regards,
Larry
PS…Spelling doesn’t count in Parking Ticket Land. But, if the spelling makes your correct name unrecognizable, I would raise Improper Service as another defense.
Hi, I got ticket for “blocking the box” on Thompson and Watts st near Holland tunnel, same ambush by PO, rush hour, my name is wrong, so do I have good chance of winning? Or what else I need to fight for it? Points? Thanks!
Hi, Jason,
Sorry to learn about the nasty ticket.
No points
If the name the Warrior entered on the ticket was wrong, you win, subject to presenting the proper proof, properly.
You gotta prove the name was wrong.
Nice!
Regards,
Larry
Hello Larry,
I was caught trying to cross Queens Blvd (at Yellowstone) which, as anyone knows can get difficult. There was a cop blocking one of the lanes making it even worse (there was a minor accident on QB so the cops were all just standing around), we were in the median so not blocking traffic when we got stopped; there were about 4 other cars also getting tickets. My argument was that you cannot tell at yellowstone that you cannot make it across, things look like they are moving but the light further down on yellowstone changes and it gets blocked and you are stuck. The ticket says “refused to give name”, is that sufficient to fight, they didn’t ask for name or anything. The cop just went to every car saying you are all getting tickets.
Needless to say another cop yelled at me when the light turned green the car to the left of me pulls in front of me, blocks me in again, as they try to fight the ticket. I honked nicely as they cut me off with no blinker and then stopped, the cop screamed and cursed at me and I almost got caught in the same location when the other car kept talking to the cop and I was blocked yet again. Sorry for the rant, it was an upsetting day.
Hi, JL,
I hear you loud and clear. If you gotta rant about abusive drivers, Warriors, or Cops, here’s the place to do it.
Whether you refused to give your name, or the Warrior or Cop never asked, it is a big challenge to convince a parking ticket judge that the Warrior or Cop was fibbing.
So, although it is a legitimate defense. It is a defense that is difficult to prove.
Good luck.
Regards,
Larry
I was flagged for this but pled not guilty. What does it mean if the Pay or Dispute app indicates “Violation Entered has been flagged as deleted” upon searching on a ticket number?
Hi, DL,
Good morning.
I’ve never seen that message.
But, it sounds like something that’s good for you.
i”m happy to take a look if you’d like me to check it out for you.
My email is larry@newyorkparkingticket.com
Regards,
Larry
Good morning.
Is the Exp. Date required?
Like the others got a ticket – in my case in Brooklyn on Bushwick & Metropolitan. I have no clue where the ticket writer was as they made no attempt to approach my vehicle. (I also did not receive a ticket in the mail, just pre-penalty notice.) I have no defense as I cannot recall the circumstances. It can be a horrid intersection. I may have even turned onto Bushwick. But I am not sure.
My question is, the pdf ticket says “N/S-Faded” in place of my Exp. Date – which is not true – and probably due to the fact that they saw me from the rear. Is this something I can use in my defense? Thanks!
Hi, Jason,
Good afternoon.
Sorry for the delay.
But beating a “faded” ticket is a challenge. Make sure you offer some excellent, crystal clear, photos of your registration sticker in pristine condition.
Good luck.
Regards,
Larry