Last Updated on October 7, 2021 by Lawrence Berezin
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:
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
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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?
- 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.
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