Would you advise this wonderful member of the driving public to fight her NYC parking ticket?
I nice lady posed a question on the blog about whether or not to fight her NYC parking ticket. She was issued a fire hydrant violation. Here’s her story:
“Hello —
I received a ticket for parking in front of a hydrant after I had moved the car away from the hydrant and stopped (double parked) in front of a store (my own small business) to put my child in the car and buckle her into the seat belt.
The officer then sauntered up to my car (with me now in it and my daughter in the backseat), and stuck the ticket under my windshield wiper with a “screw you” kind of look on her face, and sauntered away. She then was whisked away in a cop car that waited for her at the corner.
My husband witnessed this. I’m trying to decide whether to challenge this. Although I was out of my car just momentarily (seriously, like thirty seconds) to wave to my husband (the storefront is all glass) to let him know to bring our daughter to the car, the officer didn’t start writing the ticket until I was already back in the car.
I then pulled away so I would ‘t be “standing” in front of the hydrant. The ticket is for “0 feet from the hydrant,” and comments state “vehicle unoccupied.”
I read that if the driver is present, the ticket should have the driver’s name. Since I was:
1) not at the fire hydrant when she wrote the ticket;
2) sitting behind the wheel when she gave me the ticket; and
3) didn’t bother trying to get my name to put it on the ticket, should I challenge?”
Fight or pay?
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Commentary
Here’s my analysis…
The parking ticket was issued for a fire hydrant violation.
-First step…Examine the front of the parking ticket for omitted, misdescribed required elements
[Tweet “-First step…Examine the front of the parking ticket for omitted, misdescribed required elements”]I don’t have a copy of the parking ticket so I would advise our nice lady to check for defects.
-Second step…What’s the applicable rule?
4-08(e)(2)
(2) Hydrants. Within fifteen feet of a fire hydrant, unless otherwise indicated by signs, or parking meters, except that during the period from sunrise to sunset if standing is not otherwise prohibited, the operator of a passenger car may stand the vehicle alongside a fire hydrant provided that the operator remains in the operator’s seat ready for immediate operation of the vehicle at all times and starts the motor of the car on hearing the approach of fire apparatus, and provided further, that the operator shall immediately remove the car from alongside the fire hydrant when instructed to do so by any member of the police, fire, or other municipal department acting in his/her official capacity.
-Third step…Apply the facts to the rule
Our nice lady got out of her chariot for 30 seconds. Therefore, she violated the requirement that the operator remains in the operator’s seat.
-Fourth step…Are there any facts that we can use to formulate a defense to this fire hydrant violation? How about:
- Our lady was not at the fire hydrant when she wrote the ticket. Nope. It matters not where a driver ends up. The relevant inquiry is whether the warrior witnessed a parking violation. Many of us have suffered the slings and arrows of receiving a parking ticket in the mail long after the violation allegedly occurred
- Our driver was sitting behind the wheel when she gave me the ticket. Nope. Our lady was sitting behind the wheel while illegally double parked. She could have been issued two tickets. One for the fire hydrant violation and the other for double parking.
- The warrior didn’t bother trying to get my name to put it on the ticket, should I challenge?” Yes! We have a winning defense. However, parking ticket judges would rather walk across burning hot coals than to dismiss a parking ticket for lack of proper service.
Conclusion
I recommend that:
- Our nice lady fights the parking ticket and raises the defense of lack of proper service.
She will need a barrel-full of credible evidence to win a dismissal. Here are 4-Cases that will help you beat an NYC parking ticket
Good luck.
Some helpful comments from survey responders
1. The nice lady was completely in the right here. Nevertheless, as we both know, that means nothing to the PVB. I say fight and hope for the best. Over prepare-photos, notarized letter from husband, etc. Overwhelm the judge with evidence.
-Larry: “Overwhelm the judge with evidence” is an excellent point, which I always try to follow. Shock and Awe will help you score a dismissal.
2. TEA is CLEARLY wrong. An affidavit from the husband. Don’t claim VTL 238 directly (you look like a wisenheimer) – instead, sneak it in …
-Larry: Great suggestion. Judges hate a lack of service defense.
Lawrence Berezin
Lawyer with 40-years experience who is committed to helping you beat your NYC parking tickets
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Daniel says
June 29, 2016 at 4:59 pmHello
I received a ticket for an expired inspection ( expired a year ago ) for my motorcycle. Vehicle has not been operated for a whole year, even had to receive new plates. On the day of the ticket, was getting ready to get the motorcycle inspected.
I submitted an online hearing with pictures of new inspection sticker, and receipt but was found guilty.
Should I appeal this or just pay ?
Would I be able to use the consultation/fight services from you?
Daniel says
June 29, 2016 at 5:02 pmReceived a ticket for an expired inspection ( expired a year ago )
Vehicle has not been operated for the whole year ( even had to get new plates/registration )
On the day of the ticket, I was preparing to get the motorcycle inspected.
I submitted for an online hearing with pictures of new inspection sticker and receipt but was found guilty.
Should I appeal this or fight this?
Would I be able to use your consultation/fight services for this?