Last Updated on November 28, 2014 by Lawrence Berezin
Why have a parking ticket checklist?
You don’t have to be a senior citizen whose memory is scary bad (like me) to benefit from a checklist when you fight a parking ticket in NYC. I have formulated, revised, and re-formulated our step-by-step process for fighting NYC parking tickets.
In our first blog post in the checklist series, we revealed our first 5 “secrets.” Here are the second 5 steps we take when fighting parking tickets for our clients.
Larry’s second 5 points of his 10 point checklist
1. Any cases?
I rarely refer to parking ticket law when fight a parking ticket. Generally, it’s unnecessary because:
- The judges know the law
- It wastes precious space in your defense certification
However, there are circumstances when the law comes in handy. For example, there was a recent case decided by the appeals court (binding on the Evil Empire for future cases…Yea!) that held that there can be no shortcuts in entering a plate type on a parking ticket. “IRP” and “APPORTIONED” were not interchangeable. A warrior is required to insert the plate type that is designated on the plate. This was a major victory for the driving public.
I heartily recommend that you read the 5 cases in this blog post. You’ll be amazed at what you learn about the ins-and-outs of fighting those nasty orange epistles.
2. Prepare exhibits
It may surprise you, but after I’ve completed my research and formulated our defense, I start with exhibits rather than a defense certification. Why?:
- Preparing the exhibits helps me organize our defense
- It reminds me that we must lay the proper foundation for our evidence so that it is legally related and connected to our client’s parking ticket
- I use captions below each image to emphasize our defense (are you old enough to remember, “If the glove don’t fit, you must acquit?)
3. Prepare the defense certification
Always certify the truth of your testimony. That’s right, [Tweet “your defense is considered your testimony.”] How much weight do you think a judge will accord testimony that isn’t sworn or certified? You got that right…very little.
You are fighting a piece of paper (the parking ticket). The warrior is required to accurately enter all the required elements on the front of a parking ticket to establish a prima facie case against you. The warrior’s testimony is sworn/certified testimony.” You can’t fight “sworn” testimony with your word, alone.
I always certify:
- Our client’s testimony
- The images/photographs contained in the exhibits to be true and accurate reproductions
- The location of my parking space, and that our client did not move it when the photographs were taken. Or, our client returned to the same parking space. Or, this is exactly where I parked when the parking ticket was issued
If it’s an important fact in issue, certify it as true…It can’t hurt!
This is such a basic tip, but you can’t imagine how many people call me and are so angry about submitting a defense with a mistake. Review it…And, review it again. Spelling counts.
Don’t get lazy on me…It’s never o.k. to submit just one spelling mistake, or wrong caption. If you can make it better, do it!
Now you have it. Please avail yourself of this checklist. It took me a few years, and a few beatings, to formulate it.
I’ll keep you posted of any updates.
When you’re right-FIGHT!