Last Updated on August 12, 2021 by Lawrence Berezin
Rogue parking ticket judges refuse to honor the body type defense
Rogue parking ticket judges exploit out-of-state drivers. Anne parked her Pennsylvania Hyundai Station Wagon in NYC. Meanwhile, she got a ticket for standing too close to a fire hydrant. Yikes, $115 fine.
I reviewed the parking ticket.
Parking ticket judges apply a different standard for out-of-state vehicles
In other words, for a car registered in NY State, the body type entered on the parking ticket must be an exact match with the vehicle registration. sticker. However, the body type for an out-of0state vehicle only has to be “reasonably accurate.”
But, what does “reasonably accurate” mean? It seems to depend on the eye of the beholder parking ticket judge. Hogwash! That’s no way to judge the viability of legitimate defense.
We fought the rogue parking ticket judge won
We prepared a defense based on a misdescribed body type. Certainly, a suburban is not a reasonably accurate description of a sedan. Right? However, I’m afraid to say not in the eyes of this rogue judge.
Here’s our defense certification
Our Defense Certification
Dear Honorable Judge,
I hereby certify as follows:
I plead not guilty to this parking violation because:
-The Body Type was misdescribed.
My car was a Station Wagon and not a 4DSD
According to the court in Crichlow v NYC Dept. of Fin. Adjudication Div., 2011 NY Slip Op 50765(U) Decided on April 28, 2011, Supreme Court, Queens County McDonald, J., NYC is required to dismiss a parking ticket issued to a vehicle if the warrior inserts 2DSD instead of 4DSD regardless of the state of registry (in this case, the vehicle was registered in the great state of Virginia):
“For Violation No. 7324225871, this court finds that although the description of the body of the vehicle as a sedan was correct, it is not disputed that the vehicle was a two-door sedan and not a four-door sedan. Thus, the summons which described the body type as “4DSD” contained a misdescription of the vehicle. In the respondent’s memorandum of law, they concede that the two-door vehicle was misdescribed. However, the respondent contends that “the identification of the two-door sedan as a four-door sedan on a parking ticket is not a fatal mistake, because it does not reach the level of misdescription of the body type as required by “VTL §238.”
We go on to say in our certification
“The Court of Appeals held in Matter of Wheels, Inc., v Parking Violations Bureau, 80 NY2d 1014  that a misdescription of any of the five mandatory identification elements mandates dismissal. Contrary to the respondent’s contention, the Court of Appeals ruling in Matter of Wheels, Inc, supra., does not provide for levels of misdescription, and it does not provide for an exception for small errors. Here, because the body type of the car was clearly misdescribed, the Adjudication Bureau was mandated to dismiss the summons according to VTL§ 238(2-b)(a).”
Likewise, the Court of Appeals clearly stated in Matter of Wheels, Inc., v Parking Violations Bureau, 80 NY2d 1014  that a misdescription of any of the five mandatory identification elements mandates dismissal. Contrary to the respondent’s contention, the Court of Appeals ruling in Matter of Wheels, Inc, supra., does not give for levels of misdescription, and it does not give for an exception for small errors. Here, because the body type of the car was clearly misdescribed, the Adjudication Bureau was mandated to dismiss the summons according to VTL§ 238(2-b)(a). Thus, as the determination of the Appeals Board was based upon an error of law, the determination of the Board for Violation No. 7324225871 must be annulled.
The correct standard to apply regardless of whether you registered a car in the NY State or out-of-state matches the body type listed on the vehicle’s registration with the body type entered on the parking ticket. Above all, there is no rational basis in law or fact to create a stricter standard (“reasonably accurate”) for out-of-state vehicles.
On the other hand, even if this court applied the reasonably accurate standard, a Station Wagon, SUV, Suburban, or Hatchback cannot be reasonably mistaken for a 4DSD, nor do the definitions of each body type match.
My car was a Hyundai Station Wagon, not a 4DSD as misdescribed on the parking ticket.
I have submitted a series of exhibits in support of my defense.
Due to these circumstances, please dismiss this parking ticket.
-I hereby certify that my testimony is the truth to the best of my knowledge. I fully understand that if my testimony is willfully false, I am subject to punishment.
-I hereby certify that the photographs and images in my exhibits are true and accurate reproductions of the originals as they existed on the date/time this parking ticket was issued.
Here is the rogue judge’s decision
We appealed the rogue judge’s decision
Here’s a link to our argument on appeal (no email address required)
The Evil Empire has been getting away with this for years. In other words, if a sedan is a reasonably accurate description for a Suburban, then all body types are interchangeable. Hogwash, hogwash.
The cases make it clear that the higher courts disagree. They wouldn’t even allow a 2DSD to be described as a 4DSD.
The Evil Empire wants drivers to follow the parking rules. Certainly, drivers are punished with costly tickets if they don’t. However, when it comes to following settled case law, the Evil Empire doesn’t. There is no rational basis to distinguish NY drivers and out-of-state drivers when it comes to body type. If the legislature or city council intended to discriminate against out-of-state vehicles, they could have done so in writing.
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