I love omitted, misdescribed, or illegible NYC parking ticket required elements
How great does it feel to find a defective NYC parking ticket because of an omitted, misdescribed, or illegible required element? It falls somewhere between winning the lottery and finding your car keys after searching for 30 minutes.
Here is a diagram I prepared showing the required elements, and where they live on a real, live NYC parking ticket.
[Larry’s note: A warrior or cop must sign (or place her mark) above the signature line of an NYC parking ticket…Thanks for the reminder, Robert!).
The “place of occurrence” is Larry’s favorite required elements
One of my favorite NYC parking ticket required elements is, “Place of occurrence.” Why? Because you can oftentimes find parking ticket gold.
I am working on a case with a member of the NYC driving community.
Ramon got an NYC parking ticket for “No Standing.” I checked all the required elements and found no clear defects. So, the next step was to visit the scene of the parking crime (via Google Maps with Street View). Lo and behold, I found some parking ticket gold.
The place of occurrence was wrong because the “No Standing” parking sign’s ARROW did NOT point to the parking space where the parking ticket warrior alleged Ramon parked his car.
I asked Ramon to take some overlapping photographs of the block, and I used Google Maps with Street View to present an overview of the block to the judge.
I then searched the NYC Parking Regulations Map to secure the official, current, up-to-date record of the parking sign/rule and arrow (direction) to add muscle to our evidence.
Ramon, with a little help from his friends, is a winner.
I added a fresh coat of paint to the required elements chart
[alert type=”info” icon-size=”hide-icon”]Key takeaways:[/alert]
-It is very difficult to prove the “place of occurrence” entered on the NYC parking ticket is wrong. SO INSTEAD…Use the warrior’s misdescribed “place of occurrence” to advance your case by showing that the parking sign did NOT regulate the place of occurrence. I use Google Maps with a pinch of the DOT Parking Regulation Map to prove this point
-Let’s debunk a myth…The distance from a fire hydrant entered by a warrior is NOT a required element. Please don’t waste your time trying to prove the warrior’s guess was wrong. Our burden of proof never changes in a fire hydrant case. We must prove that we parked our chariot more than 15 feet from the fire hydrant by a preponderance of the credible evidence. Don’t be distracted by the warrior’s guess. All the warrior has to do is enter a number, any number will do.