Last Updated on October 29, 2017 by Lawrence Berezin
Will these parking ticket wishes ever come true?
I take my wishes very seriously. For example, one wish I have is for great health, wealth, and wisdom. Sadly, I’m 0-3 in those departments.
I found my wishes are more likely to come true if I wished for something on a shooting star or birthday candles. Can you name 5 special things to wish on? (Ladybugs, white horses, wishbone, to name a few).
Here are 5-parking ticket wishes that I’d love to see come true in Parking Ticket Land.
-The Evil Empire should stop giving scam tickets for parking in front of legal pedestrian ramps
Once upon a time, a long time ago, it was illegal to park in front of all pedestrian ramps. In 2011, the NYC Council decided it was too dangerous to allow people with disabilities to cross at a pedestrian ramp located in the mid-block of a ‘T’ intersection since they wouldn’t allow their children to cross at that location.
Ergo, the NYC Council passed a law making it legal to park in front of a curb-cut (former, “pedestrian ramp”) located on the long street of a ‘T’ intersection without:
- Marked crosswalks
- Traffic control devices
- Traffic signs
However, some cops and Warriors disregarded this new law and still issued scam tickets for parking in front of what was now a legal curb cut.
Currently, most judges will dismiss this scam ticket upon presenting the proper proof, properly. But, there is no reason why we should have to waste our valuable time to fight a scam parking ticket that a cop or warrior illegally issued.
What are the Evil Empire and police department doing to the cops and Warriors that disregard the law and issue these scam tickets? Are they penalizing this bad behavior or ignoring it?
-The Evil Empire should stop condoning a boot and tow 2-hours later for the same violation
This is a grotesque, absurd, practice with no reasonable basis except to glom a boatload of money from the driving public for the same parking violation.
Let’s say I park in an illegal space and catch a bus to go to work. A Warrior stumbles by and gives me a ticket. He calls the boot patrol and attached it to the wheel of my car with a note that if I don’t remove the boot in 2 hours, my car may be towed. Since I’m at work, there is no chance of me getting this notice and removing the boot before my car is towed.
I have sent letters to all stakeholders that could take some action to cure this bad behavior of boot and tow. I received a reply from the Evil Empire that they would look into it. Their only action was to memorialize this fiendish practice in a rule.
-The majority of honest, thoughtful judges should keep up the great work
The majority of judges that conduct hearings for the parking ticket cases I present, do a wonderfully honest, thoughtful job. However, there is a cauldron of rogue judges who make up any reason or faulty interpretation of the rules to find a driver guilty.
When members of the driving public don’t get what they wish for when they fight a parking ticket, please keep in mind:
- You must present the proper proof, properly to win. For example, taking photographs of your parking space and the surrounding signs won’t help beat a ticket unless a judge can easily identify the location of the photographs. The place of occurrence entered on the ticket must match the location of the photographs
- Parking violations are “offenses.” They are not very high on the criminal justice totem pole. And, no intent is necessary. If you violate a parking rule and don’t offer and prove the right defense, you’re going to lose your fight. Even if you come from Iceland and never drove in NYC before. There are no breaks given in Parking Ticket Land.
Kudos to the hard-working, honest judges.
Since this is a family blog, I will refrain from sharing my wish for the rogue judges.
Here’s an example of the extremes rogue judges will go to unjustly find us guilty
The warrior omitted the registration month-year sticker that was displayed on an out-of-state plate on the date and time the ticket was issued
The defense certification:
“Dear Honorable Judge,
I hereby certify as follows:
I plead not guilty to this parking violation because:
-The Registration Expiration Date was omitted
My car was registered in Vermont. Vermont required that the registration expiration month and year be displayed on the plate. The month and year, 10/18, was displayed on the rear plate when this parking ticket was issued.
I have submitted a series of exhibits in support of my defense.
Due to this 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 copy of my parking ticket contained in my exhibit was a true and accurate reproduction of the online image of the parking ticket
-I hereby certify that I took two photographs shortly after receiving this parking ticket that showed exactly how the rear plate on my car looked on the date/time this parking ticket was issued
-I hereby certify that the photographs are true and accurate images of my car, the rear plate, and the vehicle registration certificate as they appeared on the date and time this parking ticket was issued. The month and year the registration expired, 10/18, was displayed on the plate at the time this ticket was issued
The Rogue Judge’s unjust decision:
“The respondent has been charged with violating Traffic Rule 4-08(c)(3) by standing or parking a vehicle, other than an authorized bus in its assigned bus stop when any such stop has been officially designated and appropriately posted.
Respondent’s testimony and evidence are not persuasive to show the registration sticker was present and visible when the summons was issued. The photos fail to properly establish the place of occurrence or the date and time taken. Additionally, the photos show two corners of the registration sticker peeled away. Respondent does not otherwise deny the vehicle was parked in the prohibited zone. Summons is sustained.”
The original judge exhibited a bias in favor of the respondent by his failure to engage in a thoughtful, fair-minded weighing of all the credible, certified evidence.
I offered my certified testimony that on the date and time this parking ticket was issued the registration expiration stickers were attached to my plate, as required by Vermont law.
I offered photographs of the rear plate of my car that I certified were taken shortly after this parking ticket was issued
The judge, instead of acting as an objective, independent arbiter, offered a net opinion that my certified testimony was not persuasive, inferring that I lied under oath about complying with Vermont law requiring registration expiration stickers.
The judge stated:
-The photos fail to properly establish the place of occurrence
My defense was that the TEA omitted the registration expiration month and year. The place of occurrence is irrelevant to this defense
-The photographs fail to properly establish the date and time taken
The judge ignored that I certified that these photographs were taken shortly after the parking ticket was issued
-The judge stated, without any explanation, the photos show two corners of the registration sticker peeled away
How do the ends of the sticker peeling establish that the registration expiration sticker was not on my rear plate when the ticket was issued? To the contrary, this suggested that over a long time the sticker was on the plate, it started to peel.
What it doesn’t reasonably suggest is that I attached the sticker after this ticket was issued.
I did a little research online after reading the judge’s comment and learned that I should have removed the previously expired stickers before affixing the current sticker to make it stick to the plate better.
My testimony was the truth. The sticker was on the plate on the date and time this parking ticket was issued.
I presented substantial, certified evidence that cannot be characterized as patently incredible in support of my defenses. (See, Young v City of New York Dept. of Fin. Parking Violations Adjudications 2007 NY Slip Op 51460(U) [16 Misc 3d 1117(A)] Decided on June 13, 2007, Supreme Court, New York County Goodman).
Please right, this wrong and dismiss the parking ticket.
-The Evil Empire, the DOT, and the PVB should make up their minds about double parking
Is it legal for a passenger car to double park? It depends on who you ask.
If you ask the Evil Empire and the DOT, the answer is a big fat no! Period. But, if you as the PVB, the answer is that a driver can stop temporarily to expeditiously pick up and drop off a passenger, and leave immediately. Remember, double parking is a no standing violation.
What’s a driver to do?
-I wish that the NYC Council would declare Christmas Eve, New Year’s Eve, and Black Friday parking holidays
Why not eliminate some parking ambushes?
My wishes are to end some unjust practices of the Evil Empire. I can’t think of a good reason:
- That a cop or Warrior give illegal pedestrian ramp tickets to the driving community
- That a passenger vehicle is not permitted to double park while stopping to discharge or pick up passengers. It is a no standing violation. Why not treat double parking as the Evil Empire and DOT treats all no standing rules?
It is time for the Evil Empire to stop pressuring judges to find people guilty and make up phony reasons to support their bad decisions.
C’mon man, stop this bad behavior and do it right. Believe me, there is plenty of righteous revenue to get from the driving public.
Do you know the difference between a crosswalk and stop line? The answers may surprise you.