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:
- Front
- Opposite
- Detailed description
The “detailed description” format can be very confusing. The warrior entered:
WS Kissena Blvd. 800 ft S of 65th Avenue in Queens.
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:
- DOT Parking Regulations Map (TEXT version)
- DOT Parking Regulations Map (IMAGE version)
- Google Maps
Here’s my winning defense certification
The Exhibits (the star of the show)
[slideshare id=70821959&doc=misdescribedplaceofoccurrence-exhibits-170109145155]Would you like copies of the exhibits? If so, simply click on the link misdescribed place of occurrence-exhibits (no email address required)
Commentary
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.
Lawrence Berezin
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Dear Larry,
What do you do if the ‘misdescribed place of occurrence’ is 4 blocks away from where your car was actually parked at the time of the alleged violation?
How is it even possible for an officer to scan in your registration and then type in a false location?
Al W.,
Good morning. Great question.
A misdescribed place of occurrence can be difficult to prove because you need more than “I say- she says” to win. For example, if the place of occurrence is misdescribed than unless it is a scam ticket, the rule regulating the place of occurrence should be wrong. My defense is not a misdescribed place of occurrence, but I argue the rule was entered incorrectly. This way I’m not focusing the fight on an “I say – she says.”
I don’t know the technical aspects of working the warrior’s scanners. I trust there is a way to manually insert information that overrides scanned data.
Regards,
Larry
“the rule was entered incorrectly” – great answer! And the advice about not making it into an officer’s vs. citizen’s word situation is taken to heart. In NYC traffic court, the accused is never presumed innocent.
🙁
Thank you.
Hi Larry,
I recently received a parking ticket in violation of posted street cleaning rules. I pleaded not guilty and told the ALJ that the location of my car was misdescribed and I showed photos (taken at the time of incident) that my car was not in front of the address listed on the ticket since there is no legal spot infront. The judge asked me where I was actually parked and I told him the truth that I was parked probably the next house over which had a different address. He found me guilty and said that the in front of the adjacent house the same violation exists.
I am thinking of appealing the case, since if he believed me that I was not parked at the address listed on the ticket, it should be irrelevant where I parked. The parking ticket is misdescribed and therefore should be dismissed. Does my reasoning make sense?
Thank you, Larry.
Hi Jon,
Good morning.
Your reasoning makes total sense to me.
Did you get an official written decision? If so, email it to me at
larry@newyorkparkingticket.com
I’d like to see what the judge actually said was the basis for his decision.
Regards,
Larry
I received a ticket described similarly except it was a one way. My question is what about the fact that it doesnt indicate which side of the street I was parked on.
Hi, Alexander,
Good morning.
There are three ways a Warrior or Cop can describe the place of occurrence:
-Front
-Opposite
-Metes and Bounds (For ex: NS 5th Avenue_25 feet E of 35th Street in NYC)
That translates, North Side of 5th Avenue_25 feet East of 35th Street in NYC
Are you sure you’re not looking at a metes and bounds description? If not, you are a winner. The Warrior or Cop must enter Front or Opposite unless it is a metes and bounds description.
Good catch, Alexander.
Regards,
Larry
Hi Larry,
I recently received a parking ticket for parking too close to a fire hydrant, the officer wrote I was parked about five feet away from the fire hydrant. The address that the officer wrote on my ticket was at the front of the block where there was no fire hydrant and not where I was parked. Do you think there is any way of getting out of this? Thank you so much for your time and help.
Hi, Becky,
Good morning.
A place of occurrence must unambiguously describe a unique location. In the case of a fire hydrant, there must be a fire hydrant within 15 feet of the property lines of the place of occurrence. If not, you win. Yay! Subject to presenting the proper proof, properly.
I would argue that the place of occurrence was misdescribed because there was no fire hydrant within 15 feet. First, say that you were not guilty of this violation because and set forth your defense.
Make sure you measure the distance with a tape measure and take photos that show there was no hydrant 15 feet from all property lines.
Good luck.
Regards,
Larry
Hi, Nathaly,
Good morning.
The place of occurrence must unambiguously describe a unique location. Is there a fire hydrant within 15 feet of the property lines of 1146 Sheridan Avenue in either direction? If so, you have a tough challenge to beat the ticket. If not, you got a great defense, a misdescribed place of occurrence.
[FYI: It doesn’t matter that the Warriors and Cops allowed you to park there in the past. And, parking less than 15 feet in all directions of a fire hydrant will earn you a ticket.
10-15 feet isn’t allowed (ca-ching, $115).]
Good luck, Nathaly.
Regards,
Larry
Hello Larry,
What does
“S/S Bronx Park East
Of t W/ of Boston Road”
mean and is it a legal description for place of occurrence?
I was parked right in front of 2180 Bronx Park East, partially blocking the crosswalk. That street runs north to south therefore there is only east and west side of the street. How can i have a violation for parking on the south side of the street? Also i was to the east of Boston Road, not to the west. I tried to fight the ticket but the judge in her decision only explained what a crosswalk is. She completely ignored my gripe with the wrong place of occurrence. Do you think i have a case for an appeal? Thank you
Hi, Marc,
Good afternoon.
1. Yes, it is a legal description for the place of occurrence (Front, Opposite, Metes, and Bounds).
2. It means, Southside of Bronx Park East_zero feet West of Boston Road
3. You are correct. The place of occurrence was misdescribed because there is no “Southside” of Bronx Park East in the Bronx
4. You need to prove there is no “Southside” other than your testimony
5. I use the NYC DOT Parking Regulation Map (Metes and Bounds version). Here’s the link
Your burden of proof on appeal is to persuade the appeals panel that the original evil judge made a mistake of law or fact, based on the evidence you submitted. You are not permitted to offer new evidence on appeal.
You have at least two arguments to make on appeal:
-The judge did not even consider your defense that there was no “Southside” of Bronx Park East which demonstrated an arbitrary and inequitable weighing of the evidence in favor otf the PVB
-Submit the results of your search on the NYC DOT Parking Regulation Metes and Bounds Map
Good luck.
Regards,
Larry