Last Updated on February 28, 2020 by Lawrence Berezin
A parking violation can be beaten
Parking violation defense. If the NY Jets scored 24 unanswered points in the first quarter of a football game, we know they can still be beaten, but it will be more difficult (I hope).
Likewise, if you get a parking ticket and collect the proper proof before you leave the scene of the offense, it will be it will significantly increase your prospects to beat the ticket. Remember, the Evil Empire considers photos that were taken closest to the time of the violation, more credible and persuasive.
For example, If you claim your ticket should be dismissed because of an omitted registration expiration month and year sticker on your out-of-state vehicle and you present a photo of your plate at the scene of the violation shortly after the parking ticket was issued, a judge will be significantly more inclined to dismiss your evil parking ticket.
Think about what’s next before driving away in anger.
Carefully examine the front of the parking violation
After you finish cursing, of course.
Recover the parking ticket from the back seat of your chariot and uncrumple it. Here’s a brief checklist:
- What parking violation were you charged with? [Fire Hydrant]
- Where was the place of occurrence? [Front, 123 ABC Street in Brooklyn]
What Next?
- Take a photo of your car in front of the place of occurrence
- If there is a street number on the building, make sure it shows up in one of your photos
- A judge has to see that the parking space entered on the ticket corresponds with the parking space in the photo
- Take a photo showing the distance from your car to the nearest fire hydrant
- If you have access to a tape measure, extend it from your front bumper to the fire hydrant
- Take a photo showing the tape measure extended
- Take a series of photos showing the numbers on the tape measure extended
- If the distance is not more than 15 feet, we gotta come up with a different defense
What if the ticket was a no standing violation?
Let’s go back to our brief checklist
- What parking violation were you charged with? [No standing, anytime]
- Where was the place of occurrence? [567 DEF Boulevard in Queens]
What Next?
- Take a photo of your car in front of the place of occurrence
- Take one or more photos showing the location of the parking sign(s) pole closest to the front of your car
- Take one or more photos showing the location of the parking sign(s) pole closest to the rear of your car
- Check the arrow(s) on the parking sign(s) on the parking pole closest to the front and rear of your vehicle
- If any of the arrow(s) point to your car, the rule displayed on the parking sign(s) regulate your parking space in front of the place of occurrence
- Check to make sure that the rule and days and hours entered on your parking ticket match the rule, and days and hours entered on the parking ticket
What if the parking violation was an expired registration?
What questions would we ask in our checklist?
- Was the registration expiration date entered correctly on the ticket?
- If so, we gotta find another winning defense
- Was the registration expiration date omitted?
- Many states require the owner of a car to affix a sticker on the plate showing the month and year the registration expired. Many Cops and Warriors enter “NS” or “NA” on the ticket instead of the registration expiration month and year
- If so, we win, we must persuade a judge that the registration expiration date stickers were attached to the plate or the windshield on the date and time the parking ticket was issued
I strongly recommend you take some photos of the front, rear, and a close up of the plate bearing the registration expiration stickers of your car while it is parked at the place of occurrence entered on the ticket. This is more persuasive because it confirms your testimony that the photos were taken immediately after getting the ticket.
A time/date photo wouldn’t hurt!
Commentary
The Evil Empire recommends when necessary you should take photos of the front and back of every parking sign on the block and the street sign at the corner to identify the street. “When necessary” would be when your defense is a misdescribed rule. Or misdescribed days.
But, is it always necessary to take a photo (front and back) of every parking sign on the block? Nope!
A place of occurrence is regulated by the closest sign(s) to your parking space when the arrow(s) on a sign(s) points to the front and/or rear of your chariot.
In other words, the closest sign to the front potentially regulates your parking space if the arrow points to the front of your car. Likewise, the closest sign to the rear of your car regulates your parking space if the arrow on the sign points to your car.
If the arrow on the parking signs to the front and rear of your car BOTH point to your parking space, the stricter rule wins. For example, if one rule is no parking 7A-4P and the other rule is no parking anytime, the no parking anytime rule wins. Move along!
Park safely and carry a tape measure in your glove compartment.
Hi Larry, thanks for all the great tips. I have a question about a “Truck loading only” sign. I know you wrote about this before (and I beat a ticket with that exact scenario and argument that you spoke about before they changed the law). I recently received a summons for No standing except trucks loading and unloading all times. However, the sign only showed one rule stating “truck loading only”, with no mention of days or times. I don’t think I can beat it based on the over generalized sign, but I think I can beat it based on the summons stating the wrong rule. Am i correct?
iPhone has something called the Measure app, so a physical tape measure is not necessary for Apple users.
HI, Jean,
Good morning.
Thank you for sharing this valuable information!.
Regards,
Larry
The Measure app is not 100 percent accurate.
Hi I got a parking ticket last week for alternate side of the street parking. I was in the car. The Street cleaner had cleaned the block already. I stayed in the car Until 12:30 (No parking from 11:00-12:30). I reclined back in my driver’s seat and closed my eyes which I occasionally do after the cleaner goes by as i wait for the end time.
At 12:30 I left my car and saw the ticket on the window. Can I fight this?
Thanks
Hi, Rick,
Oh man, what a shame.
Were there any mistakes on front of the ticket?
If not and you were awake, a Warrior or Cop is required to enter your name on the parking ticket. But, if you were asleep, I don’t think a judge is going to dismiss the ticket.
Sorry, I can’t be more helpful.
Regards,
Larry
Hi, I have written in the past – thanks for having this blog. I apologize if this is written in the wrong place but I don’t see where to write except as a comment to an existing post…
I recently got a camera speeding ticket (going 36 MPH). The letter cites Traffic Law 1180-b – speeding in a school speed zone – But there is no school anywhere near!
I’m trying to locate
a. the list of school zones (if there is one)
b. the legal definition of a “school” in the code.
c. the distances or other requirements such as signs.
I have come across the following on the web (but not in the code):
1. “A school speed limit may be established on a public roadway at a school or day care facility under certain conditions. For example, the school must teach one or more grades under 12 and some of those students must walk or bicycle to or from school. ”
and
2. In the code 1180-c [c not b] 4. “school speed zone” shall mean a distance not to exceed one thousand three hundred twenty feet on a highway passing a school building, entrance or exit of a school abutting on the highway… ”
—————————————-
The ticket is on the corner of Bedford Ave and Ave J. There is Brooklyn college between after Ave H
It is a university and if the #1 is correct its not a school since they do not have student in Grade 12 or below and according to #2 above it is beyond a distance of 1,320 feet.
There are also no signs of it being a school zone…
Do I fight it – and if I do how do I show its not a school zone?
Thanks!
Hi, Gabe,
Wow. Wonderful job researching the underlying rule or law covering your ticket.
I think you are spot on.
Here’s a link to a Google Landing Page that will help you.
(You are correct that schools are considered elementary, middle school and high school).
After reading the various articles and summaries, if you still have questions, come back to me.
Good luck.
Let me know the outcome.
Regards,
Larry
Hi Lawrence Berezin,
If I park the car at Saturday and I got the ticket:
The sign according to Google Street View June 2019: (No Standing Anytime / Temporary Construction Regulation) –> <– (No Standing Anytime / Temporary Construction Regulation) (my car’s location) (No standing Anytime / Temporary Construction Regulation) –> (my car) (No standing Anytime / Temporary Construction Regulation) –> <– (No parking Monday – Friday 8am – 6pm)
Do I fight it? If Yes, what's the reason? Thank you.
Hi, Alex,
Good morning.
The Google Street View Map is good to use for an overview of the location. However, it cannot be used to prove the existence or non-existence of a parking sign/rule. The images are not current.
Here’s a link to the DOT Parking Regulations Map (Beta) which is the “official” map for the “current” signage at a specific location. Here’s a link.
Try it out to see the current signage. In addition, please forward the address for the place of occurrence so I can take a look.
Let’s see what we find.
Regards,
Larry
Thank you for your prompt respond, sure I can give you the street details, however I want to send to your privately, may I have your email address?
By the way, the actual street details different with the website
My car was in Manhattan Wooster St, between Broome St and Grand St
Hi, Alex,
Please send the exact place of occurrence entered on the ticket to
larry@newyorkparkingticket.com
Regards,
Larry