A misdescribed place of occurrence defense is one of the best ways to beat a parking ticket
Joe hired us to fight a bus stop parking ticket. I examined the front of the parking ticket and sadly, did not find any omitted, misdescribed, or illegible required elements. Except, the misdescribed place of occurrence defense may be a winner.
There are three generally accepted formats to describe a place of occurrence:
- Detailed description
The “detailed description” format can be very confusing. The warrior entered:
This translates to West Side of Kissena Boulevard_800 feet South of 65th Avenue in Queens.
Can Joe win by arguing the misdescribed place of occurrence defense?
Was Joe’s parking space really regulated by a bus stop rule?
A detailed description of the place occurrence is very challenging to dispute. How do we figure out whether there was a bus stop rule regulating a location 800 feet South of 65th Avenue in Queens? Are there any tools in our arsenal to successfully raise the misdescribed place of occurrence defense?
I’m glad you asked because there are some wonderful tools to use:
Here’s my winning defense certification
The Exhibits (the star of the show)[slideshare id=70821959&doc=misdescribedplaceofoccurrence-exhibits-170109145155]
When you’re right, fight! Even though it may be a tough challenge to present the proper proof, properly.
-The DOT Parking Regulations Map (TEXT version ) tells you the direction of the roadway and sides (North South East and West)
-Google Maps and the DOT Parking Regulations Map (IMAGE version) have distance measurement tools that allow us to measure 800 feet South of 65th Avenue.
However, there are times you may run into a rogue judge who will find you guilty regardless of the merits of your defense. I would keep fight and appeal the bad decision
Use them wisely, grasshopper.
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