Last Updated on June 14, 2022 by Lawrence Berezin
Registration and Inspection parking tickets can be beaten
Registration and inspection parking tickets are handed out like Halloween candy in Parking Ticket Land. Meanwhile, has this ever happened to you?:
- “Oh man, I was on my way to get my chariot inspected, parked for 2 seconds, and got an expired inspection parking ticket. ” Ca-ching!
- “Yikes, I didn’t realize my registration expired yesterday. ” Ca-ching!
- “I didn’t receive my renewal registration sticker in the mail. But I still drove my car. “Ca-ching!
In other words, don’t park your car with an expired registration or inspection sticker. Bad things can happen!
Here’s how to fix ’em.
Table of contents
- Registration and Inspection parking tickets can be beaten
- Let’s start with the Registration and Inspection parking ticket rules
- How I beat these parking tickets
- Parking ticket for the expired registration sticker
- Expired inspection parking violation
- Registration Parking Violations
- Temporary registration certificate
- A frustrating parking ticket for improper registration
- Commentary
- Registration and Inspection Guide
Estimated reading time: 9 minutes
Let’s start with the Registration and Inspection parking ticket rules
4-08 (j), (1)-(4) Standing or parking vehicles that violate registration and inspection rules
(1) Vehicles must be properly registered. No person shall stand or park a vehicle bearing a New York license plate or plate unless it is properly registered by the laws and rules of New York.
(2) Valid plates must be properly displayed. No person shall stand or park a vehicle unless it properly displays the current plate or plates issued to it.
For this paragraph (j)(2), New York plates shall not be deemed properly displayed unless they are conspicuously displayed, one on the front and one on the rear of the vehicle, each securely fastened to prevent the same from swinging and placed, whenever reasonably possible, not higher than 48 inches and no lower than 12 inches from the ground, and they are kept clean and in a condition to be readable and shall not be covered by glass or any plastic material.
The view thereof shall not be obstructed by any part of the vehicle or by anything carried thereon. New York dealer or transporter plates issued according to §415 of the Vehicle and Traffic Law shall be deemed properly displayed if the one plate issued is placed on the vehicle’s rear as described above. New York motorcycle plates and plates from other states shall be deemed properly displayed if at least one plate is fastened on the vehicle’s rear.
(3) Vehicles must display a valid registration sticker. No person shall stand or park a vehicle bearing a New York plate or plates unless it properly displays a current registration sticker.
(4) Improper stickers are prohibited. No person shall stand or park a vehicle bearing a New York plate or plates displaying an expired, mutilated, void, imitation, counterfeit or inappropriate New York registration sticker.
Keep going, you’re doing great!
4-08 (j), (5)-(7) Standing or parking vehicles that violate registration and inspection rules
(5) Registration plates, stickers, and tags must match. No person shall stand or park a vehicle bearing registration plates, stickers, and tags that do not match the information contained therein.
(6) Vehicles must display valid inspection stickers. No person shall stand or park a vehicle bearing New York plates unless it is properly inspected and properly displays a current inspection sticker or certificate, under §306(b) of the Vehicle and Traffic Law unless it bears New York dealer or transporter plates according to §415 of the Vehicle and Traffic Law.
4-08(j)(7)-(9) Only three more
(7) Improper inspection stickers are prohibited. No person shall stand or park a vehicle bearing New York plates displaying any mutilated, imitation, or counterfeit of an official certificate of inspection.
(8) Vehicle covers prohibited. No person shall stand or park a vehicle having a cover on it that obscures the make, color, vehicle identification number (VIN), license plates, and/or registration and inspection stickers, and/or restricts entry to the vehicle if such vehicle is standing or parked in violation of posted rules.
(9) Obscuring VIN is prohibited. No person shall stand or park a vehicle that has the vehicle
identification number obscured in any manner.
How I beat these parking tickets
Parking ticket for the expired registration sticker
Expired inspection parking violation
Registration Parking Violations
Temporary registration
The expiration date of the expired temporary registration (good for 10 days after permanent registration expired) can be entered in the “Exp. Date” box or Complainant’s Comments. Moreover, the sticker number must be entered in the Complainant’s comment section.
Permanent Registration Violation
The expiration date of the expired permanent registration must be entered in the “Exp. Date” box, and the sticker number must be entered in Complainant’s Comments.
Another registration expiration ticket
Temporary registration certificate
If you parked your chariot with a temporary registration certificate affixed to the windshield, please check the date the warrior entered for the registration expiration date. If you secured a temporary registration certificate and attached it to the windshield next to the expired registration sticker, I would argue that the correct date of expiration is the expiration date on the temporary registration certificate (not the date on the expired registration sticker).
A temporary registration certificate is valid for 10 days and grants you a new registration expiration date.
[Larry’s note]:
If you’re charged with a regular, run-of-the-mill, expired registration, the parking ticket warrior is not required to enter the registration expiration date in the comment section. It is enough if the registration expiration date is entered in the tiny box near the top of the ticket. However, it must be entered on the ticket in one place or the other.
A frustrating parking ticket for improper registration
A wonderful client of ours purchased a van for personal use. He followed the proper procedure and registered his van as a passenger vehicle. He displayed passenger plates on the front and back of his van.
However, when he parked his passenger van overnight in a residential neighborhood, he unleashed a torrent of parking tickets.
- Improper registration
- Unaltered commercial vehicle
- Parking a commercial vehicle overnight in a residential neighborhood
We beat all these evil parking tickets.
Commentary
“No questions asked.” Never, ever pay an NYC parking ticket. Check for omissions and commissions. What if the sticker number is wrong [you win]. What if there is no explanation about why the registration was improper [you win].
Moreover, you should inspect your parking ticket with the same fervor that you inspected your last home before buying it. Why pay for a parking ticket you can beat?
What, you don’t have the time to inspect? I guess that you have more money this week than you need? It’s only $65.
Bunkum and balderdash. Keep your hard-earned bucks where they belong…in your wallet.
Related Posts
Registration and Inspection Guide
FREE Download
Would you like a head start in avoiding or beating parking tickets for registration and inspection sticker violations? Sure.
Ergo, download Larry’s Free cheat sheet and keep it with you on your recurring journey to find safe curbside parking in NYC.
You’ll be glad you did.
I received an expired inspection ticket. All the boxes look in order except that the NYC Traffic Rules citation did not print clearly and reads as 4-08(i)(6). The bottom of the “j” in what should have been (j)(6) is cut off. Worth a challenge by mail? We also got it inspected within the hour but I don’t suspect that helps at all (inspection expired approximately 35 days ago).
Robert,
I am sad to report (after dedicating 6 years, 7-days-per-week, with two months off for my heart attack) that I will no longer be answering questions on Larry’s Blog. You’ll find a treasure trove of information in the 746 Blog Posts and growing, F.A.Q.’s, and comments.
If you need help, you may wish to check out of service offerings. Here’s a link.
https://newyorkparkingticket.com/passenger-vehicles/
Hi it seam’s you got some good advice maybe you’ll have some for me too!
my car had a technical issue and wasn’t goona pass exception had to wait till the mechanic had it repaired in the mean time i was really lucky and got 4 parking tickets in four different days!
any advice how to deal with it?
they were all scanned ticked so don’t believe it should be any error
HI I was ticketed at 4pm for registration and inspecction expiration, when i went online, i saw i was ticketed for the same offernse at 8am that same day. Interesting comment on the 4pm inspection ticket is that the officer commented: no summons visible? That is clearly a lie because all tickets say the same place of occurence because i did not move the vehicle, so i was ticketed the same day with tickets visible on the wideshield. The second lied and said no visible summons. How do i prove?
Dear Krystal,
I am sad to report (after dedicating 6 years, 7-days-per-week, with two months off for my heart attack) that I will no longer be answering questions on Larry’s Blog. You’ll find a treasure trove of information in the 746 Blog Posts and growing, F.A.Q.’s, and comments.
If you need help, you may wish to check out of service offerings. Here’s a link.
https://newyorkparkingticket.com/passenger-vehicles
I submitted a dispute with NYC for expired Registration for it was missing the Experation date in the comments section of the ticket and was informed that it is not a valid defence, because the date is listed with the vehicle information
Dear Sean,
Good evening.
Thank you very much for bringing your experience to my attention. I should have made it totally clear that your expired registration date will be entered in the tiny box labelled EXP.DATE, unless it is a temporary registration certificate (as the image shows in the article).
Sorry about that, Sean.
Regards,
Larry
Hello,
I got a ticket for Improper Display of Reg Sticker. In the comment section it only states: Sticker on Dash.
Can I dispute this saying they forgot the Registrations Number? Its no where in the Ticket.
Best Regards,
Jennifer
Jennifer,
Good afternoon.
Yesiree, Barbara!
Nice catch.
Regards,
Larry
Jennifer,
How did this work out for you? I have the same ticket scenario.
Hi Your a great man in helping save hard working money for people you dont even know.
I received an expired inspection sticker, and in the tiny box “exp. Date” has a date of 04/24/19 in which my sticker expired on 03/31/18 is the a valid point , and how do i write it for a complain
Hi, M,
Thank you for your kind comment.
Here’s a blog post that will help
Regards,
Larry
Hello, I submitted for an online hearing for a parking ticket ( expired inspection ) but was found guilty.
Should I still appeal the decision and use the consultation services ?
Hi Larry,
I received a 4-08(J)(7) ticket by a warrior stating that the Insp Stkr Mutilated.
Under the complaint’s comments section: it states that there is no plaque, no permit, no driver, sticker discolored.
My inspection sticker is due to expire next month (september) There are some color peels due to sunlight exposure around the edges for months, february, april.
I had never tempered with the sticker. Not sure how can I go about beating this ticket.
Please help.
Thank you
I am sad to report (after dedicating 6 years, 7-days-per-week, with two months off for my heart attack) that I will no longer be answering questions on Larry’s Blog. You’ll find a treasure trove of information in the 746 Blog Posts and growing, F.A.Q.’s, and comments.
If you need help, you may wish to check out of service offerings. Here’s a link.
https://newyorkparkingticket.com/passenger-vehicles
Larry, THANK YOU for all your help, impeccable knowledge, and dedication over the years. Your knowledge has helped so many New Yorkers and people abound, you will be forever blessed. I wish you a speedy and healthy recovery.
Thank you very much, Vicki. Your kind comment means a lot to me. Regards, Larry
Get well soon! GOD BLESS AND GOD SPEED! ~ STEPHEN RICHARDSON!
Thanks so much for you wonderful well wishes, Stephen. Regards, Larry
Bought a vehicle from my brother 2002 Chevy Silverado 4×4 went to have it inspected posted safety part failed emissions part only have a ten day right now. Was informed why it failed emissions and replaced everything yet was informed that I have to drive it for the computer to reset itself for lights to go out w/o any idea oft how long it will take for the computer to reset itself. What do I do if the l my term day express before the computer tests itself because it won’t do it unless it’s driven everything was already fixed .?
Craig,
Good morning.
I am sad to report your question is beyond my limited expertise.
Sorry I can’t help.
Regards,
Larry
Hi Larry,
Longtime reader, first time commenter.
I received a ticket for an expired inspection but the wrong plate number was entered because I had yet to replace the old registration sticker for old plates with the new one. Nothing on the ticket mentioned mismatched registration and plates and none of the necessary information is in the comment section. What should I do?
Thank you!
Best, Adam
Hi Adam,
Good morning.
Thanks for stopping by!
I’m a little bit confused by your story. So, let me say this…Plate # is a required element. if it is misdescribed, you are entitled to a dismissal of the parking ticket upon application and presenting the proper proof. The proper proof consists of your vehicle registration.
Good luck.
Regards,
Larry
Hi,
From reading the comments/questions I see that you’ve been able to help a lot of people and am hoping you may be able to do the same for me. I received 2 tickets (one for inspired inspection and another for partially blocking a crosswalk) both tickets were issued at the same exact time (9:12) but by two different complainant’s – how is this possible and is there anything I can do about it? I appreciate it!
Thanks,
Dee
Hi Dee,
Good morning.
First, you can be issued multiple tickets while parked in the same space, as long as each ticket is a different parking violation.
Second, It seems highly unlikely that two warriors would occupy the same place at the same exact time and each warrior issue a ticket for a different parking violation. I might argue that time of occurrence was misdescribed for one of the tickets (not a very good defense, though).
You may want to check the front of both tickets for omitted, misdescribed or illegible required elements. If you find one, you win upon presenting the proper proof, properly.
Good luck.
Regards,
Larry
Thank You.
I agree that it seems highly unlikely and wouldn’t believe it myself if I didn’t see it with my own two eyes and upon further inspection the signatures of the complainants look identical (even though according to each ticket they’re different) and one seems to be incomplete but I realize that is a weak argument.
Im having problem with my registration. I can not renew my registration due to a Insurance time lapse for 10 mothns. This is my insurance company who doesnt sent the prove of the insurance to the DVM. Now in about 2 weeks I got 6 tickets for expired registration. Im not using the vehicle, I just park the car arrownd my house . I dont have a personal parking at home. What can I do about it?
Luis,
Good morning.
Sorry for your parking plight.
I’m afraid your question is beyond my limited expertise.
Regards,
Larry
I’m trying to look for more information on “What if your vehicle is properly registered, but you forgot to attach the registration sticker? Or, what if your vehicle was registered in Utah and the warrior issues you a (j)(1) violation? [Both parking tickets can be beaten]”
I had the registration sticker sitting safe in the glove box and I totally forgot about this sticker up until I got ticketed. My vehicle is properly registered, but I just forgot to attach the registration sticker. Is there any way to get out of this one ?
Hi Kal,
Here’s (j)(1)
(1) Vehicles must be properly registered. No person shall stand or park a vehicle bearing a
New York license plate or plates unless it is properly registered in accordance with the laws and
rules of New York.
This violation does not apply to out-of-state vehicles.
You’re a winner, Kal!
Regards,
Larry
I received 2 tickets: missing plate and a no standing violation (which lead to a tow). The ticket is computer generated so it’s all legible/correct- but I think I might have a claim because of the EXP.DATE – it had the sticker’s expiration date, not the temporary registration paper (just like your exhibit) which was on my dashboard right under the expired registration. So the tickets say Exp.Date 1/16/17 when the temporary ended 1/23/17. Is this enough to get this dismissed?
In addition to the expiration date issue, the “Place of Occurrence” is “front of” an address that doesn’t show up as a building in NYC DOB’s website nor does the address exist in NYCityMap. In your experience, does “front of” have to mean in front of a building that exists? The address pops up as in the middle of the road in a traffic circle on google maps and on DOT’s map (and unfortunately there are ‘no standing’ signs near there) – but my car was actually parked 4 blocks away, but I can’t show proof that it wasn’t at that address since the car was towed (although, I guess I could contact the tow yard to see if they have an address where they picked up the car?).
Hi Cassandra,
Good afternoon.
Here are some tips that may help you:
-If the temporary sticker is properly displayed, the correct expiration date is the temporary sticker. Your challenge is presenting the proper proof, properly
-The place of occurrence is a required element for a no standing violation (but not a missing plate violation). Does the address exist? There doesn’t have to be a building at the address. But, the address must exist.
Good luck.
Regards,
larry
Hi Larry,
Thank you for getting back to me. What could I use as proper proof that the temporary registration was properly displayed?
Regarding the address- there is no building at 251 and the highest number address on the street is 210 (before hitting the circle and becoming a different street name) according to my friend who does GIS data for the City of NY. Wouldn’t demonstrating that NYCityMap fails to recognize the address be sufficient proof that the address does not exist?
Also, I filed a report with the Police about the stolen license plate on Thursday (got the ticket on a Monday, picked up the car on Tuesday)- would showing that I filed a report within 2 days of picking up the car get me anything on trying to defend the missing plate ticket?
Thank you again!
Hi Larry,
thanks for this incredible wealth of information. I received an inspection expired ticket 4-08(j)(6), which was in fact expired. Everything seems to be in order, however I received two tickets for the same violation within the same week. I was traveling out of the country so my questions are:
Are there any legal grounds for defense related to either receiving multiple tickets for the same offense or traveling (I have copies of my flight ticket)?
Also, each ticket has a different address (one states I was in front of 60-14 X St and the other 60-12 X St). Is this a valid dispute and reason for dismissal?
Hi Ed,
Sorry about the inspection sticker pain.
-Inspection sticker is a status violation
-Status violations are about your car not the location of your parking space (for ex: expired registration, missing plate, etc.)
-Place of occurrence is not a required element for status violations so misdescribed location is not a defense
-A judge will dismiss a second status violation if received on the same day as the first violation
-Traveling out of the country is of no consequences under these circumstances because you left your chariot on the street
Thanks for your kind comment.
Regards,
Larry
Hi Larry,
I understand. Thanks for your reply. I appreciate it.
– Ed
I received a ticket for the inspection sticker being mutilated, discolored and duck tape on the edge of bar code 4-09 (j)(7). Is it possible that the parking warrior encountered a fake registration sticker and issued a ticket based off what he observed? He even entered the correct expiration date of my new registration, but he did not enter sticker number. Can you please tell me ,if it is possible to encounter a fake registration sticker and if the traffic warrior required to provide the sticker serial number? Also, is it illegal, of someone on the outside of the glass windshield places a duck tape on your registration sticker?
Hi Ilya,
Good morning.
4-08(j)(7) covers inspection stickers, not registration stickers. I’m a bit confused about why you’re asking about registration stickers.
Good luck.
Regards,
Larry
Hi,
I got the ticket for Inspection sticker on Mar 1 at 08:57am and which expired in Feb 2017. The ticket was folded and the words was blurred and It mentioned the fine $65, however as DMV website mentioned: “If the inspection sticker on your vehicle has expired in the past 60 days, you can receive a fine of $25 to $50. ”
Do I have any chance to beat the ticket or lower the fine?
I did the inspection and got the new sticker on Mar 2, right away, will there be a chance to lower the fine?
Thank you very much in advance.
Hi Connie,
Good morning.
NYC has the right to establish parking fines. Sadly, the lower fines mentioned on the DMV website do not apply to NYC.
$65 is the fine charged by the Evil Empire for an expired registration.
Regards,
Larry
Hi Larry,
Thanks for your help.
I will pay $65, actually that’s my fault.
Connie
Hi Larry,
I hope that you are feeling better and wish you a speedy recovery! I’m so happy I stumbled onto your educational website. I unfortunately received a ticket for expired inspection. Once upon a time ago, wasn’t there a grace period offered to have it fixed within a week of the ticket and you would be clear of the offense? Kindly advise.
Hi Sara,
Thank you for your well-wishes.
I am not aware of any grace period for expired inspection. (There is a 24-hour grace period for a broken mirror).
I would check the comment section of the ticket to be sure the warrior entered the inspection sticker number and date of expiration.
Good luck.
Regards,
Larry
Hi Larry,
I just wanted to wish you a great day and thank you for your kind service.
I beat countless tickets thanks to you and I never took the time to properly thank you. I am glad to see you’re back and wish you and your family all the best. Sincerely,
Hi Giovanni,
Thank you very much for your kind comment. It made my weekend!
be well and park safely, Giovanni.
Regards,
Larry
Hi Larry,
I hope you’re feeling better these days. Wishing you only the greatest health and happiness.
Got an expired inspection ticket today, and everything listed on the ticket looks accurate and is an exact match to all the information listed on the registration, inspection sticker, etc. There’s one potential thing I wanted to ask about:
While the registration lists the car type (it’s a Mitsubishi Mirage hatchback) as 4DSD, I can take a few pictures to prove that it’s a suburban. Is that enough to warrant a dismissal? It doesn’t really sound like it, based on some of the recent posts upthread, but just thought I’d ask.
Best,
Jared
Jared,
I’ve had that exact case…4DSD versus hatchback. It is a good defense to raise and I’ve been successful with it. But, I haven’t won ’em all.
Good luck.
Regards,
Larry
My registration was expired the ticket only said expiration date on the little box not in comment or the registration number either on comment box can I beat the ticket for inproper receipt
Hi Geraldo,
Good morning.
The date of registration expiration need only be entered in the tiny box. If you are driving with a temporary registration, a warrior may enter the date the temporary registration expires in the comment section. But, again, the date your permanent registration expired must be entered on the ticket, but it can be in the tiny box under the EXP. DATE.
Regards,
Larry
Good Morning Larry,
I trust you are having a good Summer. I got a ticket for an expired inspection sticker. the sticker WAS expired, but the inspection itself was still good! the mechanic put the sticker on for May when the inspection was done on June 1st, 2016.
do you think this is beatable?
Thank you for your time.
A
Hi Ainsley,
Good morning. Very interesting question.
Here’s what the Rule says:
“(6) Vehicles must display valid inspection sticker. No person shall stand or park a vehicle bearing New York plates unless it is properly inspected and properly displays a current inspection sticker or certificate, in accordance with §306(b) of the Vehicle and Traffic Law unless it bears New York dealer or transporter plates pursuant to §415 of the Vehicle and Traffic Law.”
The Requirements of this Rule are twofold: 1) Proper Inspection 2) Proper display of current inspection sticker
My reading of the plain language of the rule makes it a violation to display an improper inspection sticker even if your vehicle was properly inspected.
If it were me, I’d give it a shot and tell your story with a witness statement from the mechanic verifying what happened. This is a tough challenge to win.
Good luck, Ainsley.
Regards,
Larry
Hi Larry,
I have received a parking violation ticket for “Improper Display of Reg Sticker” on 07/23/2017
I just received the vehicle registration last night from the dealership around 8.30p.m and I didn’t stick the Reg. Sticker since it was night and I had something to do with the sticker later on. but the registration was displayed on the dash with the temporary inspection sticker along with Vehicle Registration. (you know how they come together in one piece and stapled temp. Inspection Sticker top of the Reg. Sticker side.)
Just this morning I got this ticket “Reg. Sticker covered not scannable Sticker on Dash.” VC 70
I got my car from NJ dealership and I had my temporary registration until 17th July 2017. since that my registration was expired and I was worried I might get a ticket but since dealership cover any damage due to late registration I did worry too much. However, DMV had issued plates on 19th July 2017. but I received it 22nd.
But unluckily I got a ticket after I received the registration.
Even side of the reg. the sticker is not scannable, Vehicle Registration was totally visible with the barcode which is the same extract barcode on Sticker side.
The main reason I didn’t stick them because later on (coming week) I was planning on Gift the vehicle under my aunt’s name. since I might need to remove the sticker again, I didn’t stick it.
Do you have any suggestion for fighting this ticket?
Thank you in advance.
Manuka
Hi Manuka,
Good morning.
That is quite a story…Sadly, you cannot stop, stand or park your chariot on the mean streets of NYC without properly displaying a current registration (or a current temporary registration).
I would check the front of the ticket for any omitted, misdescribed or illegible required elements. if you find one, you win, subject to presenting the proper proof.
Regards,
Larry
Good Morning Larry,
Thank you for the reply.
Well, I read a bunch of comments here and I didn’t find anything special to fight in this case other than taking a picture of how it was placed in the dash.
As I previously mentioned, I left the whole registration thing on the dash since it was dark and never pay attention to temp inspection sticker stapled to the ticket.
Violation ticket for “Improper Display of Reg Sticker”
VC 70
Comments: “Reg. Sticker covered not scannable Sticker on Dash.”
These are the information that I could find on the ticket.
This is my first ticket I received for this kind violation, I’m not sure how to find “front of the ticket for any omitted, misdescribed or illegible required elements.”
Is there any way that I can provide the story as I told and maybe prove that sticker was visible but it was covered by the inspection sticker. or something similar to that (photo proof)
Thank you!
Good Morning Larry,
Thank you for the reply.
Well, I read a bunch of comments here and I didn’t find anything special to fight in this case other than taking a picture of how it was placed in the dash.
As I previously mentioned, I left the whole registration thing on the dash since it was dark and never pay attention to temp inspection sticker stapled to the ticket.
Violation ticket for “Improper Display of Reg Sticker”
VC 70
Comments: “Reg. Sticker covered not scannable Sticker on Dash.”
These are the information that I could find on the ticket.
WRONG Exp. Date: 07/18/2018
Correct: 07/19/2018
Section: 4-08 (j)(3)
VC: 70
VIN# is missing but I don’t think that necessary.
Is there any way that I can provide the story as I told and maybe prove that sticker was visible but it was covered by the inspection sticker. or something similar to that (photo proof)
Thank you!
Hi Larry, Thanks for your wonderful post!!
It appears from your post that the Exp. Date of registration needs to be in the box titled Exp. Date. and ALSO in officers comments.
I have received a ticket for expired registration and officer comments had the sticker # but not the expiration date. The exp. did appear in the small box titled exp. date. Is the lack of exp. date in officer comments a basis to strike it down?
Hi Sol,
Good afternoon.
Great question.
I’m afraid the expiration date must only appear in the tiny box up top.
Sorry, Sol.
Regards,
Larry
Hi Larry,
I recently received a ticket for improper sticker safety only. In the comments of the ticket it mentioned “Voided sticker and NYMA reg.” I had the sticker since I got the recent lease and didn’t think about it. It did have some vague letters of void on it , probably someone at dealer tempered with it. After the ticket i got the car reinspected to get new sticker. Is there a way to fight this?
Thanks in advance.
Hi Rus,
Sorry, I don’t know.
Regards,
Larry
Hi Larry,
I have an interesting situation, in reading the article and some of the comments, I understand that the Expiration date for an inspection has to be put into the comments. I had moved back to NYC after a couple years and gotten my car registered but keep forgetting to have it inspected. I had the temporary inspection paper hanging but I received a violation for missing inspection sticker. The temporary one is expired in all honesty, but do I have an angle here? Thank you for your help!
Hi Felix,
Good morning. Good thinking.
You have a reasonable defense that may work.
The warrior should have entered the temporary sticker number and date of expiration in the comment section. And, although the correct charge falls within (j)(6), the comment “missing” was incorrect. Your temporary inspection sticker was expired.
Your challenge is to persuade a judge that the paper temporary inspection sticker was, in fact, attached to your windshield on the date and time the ticket was issued.
Good luck, Felix.
Regards,
Larry
Hi,
I just have a question about packing with the fail inspection report. My car just failed the emission inspection and its label was expired. Could I park the car on street with the fail inspection report?
Thank you,
James.
Hi James,
I am sorry to report by I don’t know.
Regards,
Larry
Hello,
My brother was driving my car and managed to get pulled over for an expired inspection on my car. I’d been driving the car since it expired last October (without incident). I was unaware of it being expired because I honestly thought my inspection was due in February (I mixed it up in my mind with my registration renewal month which is in February).
I’d had my car in the shop 3 times since October, once for an oil change, once for an exhaust pipe repair, and once for new tires. Unfortunately they never mentioned my inspection was overdue. Nor did I get any notice from the DMV. I now have an appointment to get the inspection tomorrow.
At any rate, I’m in Erie County (Western New York). I was examining the ticket as well as the ‘Supporting Deposition / CPL 710.30 ‘ and neither one of them include any information about the Inspection sticker or expiration date. It simply includes in the Description of Violation “Uninspected Motor Vehicle” and in the Section box says “306B”
My brother of course wants to send the ticket in as pleading guilty and make me pay the fine (and court fees). Up to $188 I understand. I explained to him that this ticket may be invalid for not including any information about the Inspection sticker or expiration date. He stated that he’s not going to go sit in court to try to get off on a technicality, and that besides all that information (registration, inspection, etc… ) are in the DMV computers so they don’t need that information on the ticket, so he’d be wasting his time trying to get off. Easy for him to say since he intends to make me pay the fines.
So is he correct? Will they simply refer to information available to the DMV in their computers regarding an expired inspection, or can I (he) really get off in court by pointing out that there is no information on the ticket and deposition regarding the inspection sticker and expiration date? Is it written somewhere that this information MUST be on the ticket, or is it simply up to a particular judge to find it unacceptable?
Thank you for your time and help.
Hi, Glen,
I’m sorry to report that I am no longer answering questions on the blog.
Just a little too much for this old guy to keep up with.
Good luck.
Regards,
Larry
“Parking” shall mean the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers. The definition of parking does not distinguish it being on public or private property. So my question is can I successfully defend a ticket for violation of 4-08(j)(3) expired registration when parked in my driveway?
Hey, Doc,
Good afternoon. Great question.
The rules prohibiting expired registrations are also silent:
“Vehicles must be properly registered. No person shall stand or park a vehicle bearing a New York license plate or plates unless it is properly registered in accordance with the laws and rules of New York.”
I’ve never been asked to fight a parking ticket with a private property defense, but I would definitely fight it and raise the private property defense.
Let me know the outcome, Doc.
Good luck.
Regards,
Larry
I recently received 2 parking tickets for expired registration and expired inspection, when further inspecting the tickets I noticed that the address on both tickets was incorrect and was actually an invalid address as there is no corresponding house number on my street where the car was parked.
They entered “17” instead of “70”
Is there anyway to fight this ticket ?
Hi, Stefano,
Good morning.
I’m sorry for your sticker shock.
Kudos for carefully examining the front of your evil ticket.
Here’s the scoop:
-There are essentially two broad categories of parking violations, status, and location
-Status violations cover your car, i.e., expired registration, expired inspection, improper display of stickers, etc.
Since status violations are about your car and not its location, it doesn’t matter where your chariot is parked. A status defect
is still a defect. Ergo, I’m afraid the place of occurrence is not a required element for a status violation (only location violations)
Please don’t be angry with the messenger.
Regards,
Larry
hi Larry, I got a ticket for improper display of registration. my old registration was displayed but (one day) expired. I already had the new registration, but did not put it up bec i wanted to wait until I can scrape old one off and display new one cleanly. anything I can do? I affixed the correct one later that day. all information on the ticket is correct
Hi, Yosef,
Oh man, what a shame.
What, if anything, did the Warrior or Cop enter in the “comments” section of the ticket?
Regards,
Larry
the warrior wrote the sticker# of the expired ticket… does that mean it not worth fighting? what would my defense be? Is there such a thing as correcting it within 24 hrs?
hey larry, just looked at my ticket again and realized that the Place of occurrence was incorrect. how do I go about fighting this? where can I obtain official addresses? and how can I prove where my car was at the time of the offense? I have witnesses. would that help?
Hi, Yosef,
Good for you!
I’m afraid your series of questions is beyond the scope of my blog. I’ll borrow a quote from Sicario, “You’re asking me how a watch works. For now, we’ll just keep an eye on the time.”
Proving a place of occurrence was misdescribed can be a big challenge. Here is a tip:
-Start with the misdescribed place of occurrence. Check out the DOT Parking Regulations Map to see if the rule you were charged with violating regulated the misdescribed place of occurrence if not, you win. The defense I raise is the rule was misdescribed because judges tend to believe the Warrior or Cop got the place of occurrence right. O.K. then if the location was correct, the rule was wrong.
There are many variations on this defense, depending on the facts of your case. For example, if the misdescribed place of occurrence was, in fact, regulated by the rule you were charged with. This is a tough scenario because you’ll have to convince the judge:
-The location was misdescribed
-The same rule didn’t regulate the correct place of occurrence.
Good luck, Yosef.
Regards,
Larry
so the location was misdescribed, but it was a failure to display registration ticket. Sounds like your saying it’s not worth pursuing the incorrect location challenge, am I right? will it be a waste of time since wherever my car was parked, I am still required to have valid registration displayed…
btw I love your blog… only wished I had discovered it earlier… is there any way I can communicate with you privately to share a great story? just not really so relevant to this page but would love to hear your comments on it. thanks
Hi, Yosef,
Thank you for your kind comment about the blog. Very nice of you to say.
You’re correct. A registration violation is a status violation, which means the location is irrelevant because anywhere a driver parks with a defective registration is a violation.
Sure. My email address is [email protected]. I’d love to hear your story.
Regards,
Larry
Hi Larry,
Thanks for your generous contributions over the years!
I received a ticket for parking too close to a hydrant. My old registration sticker (not expired) was on the windshield, and the warrior wrote the expiration date from that sticker. It happens that I have my new registration sticker but haven’t yet put it on the windshield.
Does RCNY 39-02(a)(1) allow the warrior to write the date that is on the sticker on my windshield — or does she have to write the date in 2020 that my registration will actually expire? (I suppose she could only know the actual expiration date if she looked it up in the computer.)
Thank you!
Hi, Stephen,
Good morning.
Technically, you must remove the old registration sticker and stick the new registration sticker on your windshield to avoid a parking ticket.
When you get a ticket because the new registration is not stuck on the windshield, the expiration date is the old date. The fact that your chariot was properly registered means that your violation is the failure to display a current registration sticker on the windshield. This violation is included in (j)(3). (j)(1) would be the wrong rule for your offense.
Good luck.
PS…Thanks for the kind comment! Happy to help.
Regards,
Larry
Thanks for the quick reply, Larry! I’ll cough up the $115 for this one – – but I you may have helped me with a taillight ticket (warrior wrote license plate incorrectly). Will have to let you know after the hearing (it’s scheduled for July 2019, almost two years after I got the ticket!).
Best,
Stephen
I had my car parked up in my driveway. I got a ticket for an expired inspection sticker. I live in Staten Island New York. Is it legal for the meter maids to do this. Motor Vechical NY says I am guilty. I am appealing ticket and fine. Are they allowed to come on private property to give tickets?
Hello Larry,
I have recently recieved a ticket for an expired inspection (expired 12/31/18) and got it inspected the same day of the ticket… Is there any way that I can show the inspection recipt to get the fine reduced or even wiped?
Hi, Anthony,
Oh man. I’m afraid there are no “grace-periods” for inspection tickets.
I would check the front of the ticket for omitted, misdescribed, or illegible required elements. If you find one or more, you win, subject to presenting the proper proof, properly.
Good luck.
Regards,
Larry
Hi Larry!
I received two tickets that say “Reg. Sticker Expired (NYS).” I had a temporary registration in the window next to the expired one. The warrior wrote me VC 70 under 4-08(j)(3) but the Exp. Date the warrior has on the ticket was the expiration on the actual registration and not my temporary. Do I have a case and if so how should I proceed? I would like to add this ticket is more than 30 days old but younger than 60 days.
Thank you so much for your help!
Hi, Mike,
Good morning.
I would fight this evil ticket.
Plead that a temporary registration was affixed to your windshield that displayed a registration expiration date of __________.
Take photos of your windshield showing the tempo. reg. and make sure you certify that the temp. reg. was attached on the
date and time the ticket was issued.
Good luck.
Regards,
Larry
Hi Larry,
My inspection sticker expired 3/31/19 on april 3 at 11:38am i got a $65 ticket and at 2:08 pm i got another $65 at the same spot.
(i tried disputing the second one online and i just saw online that was found guilty did not receive the email yet so dont know the reason.)
is there anything that can be done?
Thank you so much!
Hi, Jerry,
I am sorry to learn about the Evil Empire’s double-dipping.
Before you elected to fight the second ticket, you had the option of paying the first ticket and filing a defense against the second ticket asserting that it was the same charge issued on the same date as the first ticket, which you paid. And, requesting a dismissal of the second ticket.
Since you already fought the second ticket, you are no longer eligible for this option.
I would carefully check the front of the ticket for mistakes.
Regards,
Larry
I checked again no mistakes.
so my only option now would be to pay first ticket and try to appeal the second ticket by mail?
Thanks again for your help
I got a violation for expired inspection,
I tried fighting the ticket and submitted proof that my car was parked in my driveway.
following is the response of the Judge;
The respondent has been charged with violating Traffic Rule 4-08(j)(6) by standing or parking a vehicle bearing New York plates that
did not display a current inspection sticker or certificate in accordance with section 306(b) of the NYS Vehicle and Traffic Law.Find that
on date and at time ticket was issued vehicle had been parked within public view while displaying an expired inspection sticker as alleged. Submitted evidence establishing that condition was corrected subsequent to issuance of ticket does not constitute a defense
as vehicle was not permitted to be parked “within public view” while displaying an expired inspection sticker.
My Question;
Is there any point to try repealing? is there really any law about “car parked within public view”? I mean it was on private property!
Hi, Chaim,
Good morning. Great question.
Sadly, I don’t know the definitive answer, so I did some research.
I found various answers that spanned the globe from yes, you can to no you can’t.
But, the one attorney said, “that depends.” on whether the public has access to the driveway
(Think, CVS parking lot). However, if the driveway has a gate or no trespassing signs then the police
cannot enter without probable cause.
However, if the parking violation was “in plain sight” from a public sidewalk or roadway, that would constitute
“probable cause.” That may be where the judge was headed with his comment.
If you check out the wording of the rule, it sadly doesn’t limit the current registration requirement to public property.
If it were me, I would appeal the decision and argue that you cannot get a parking ticket while your car is parked in your driveway off the
public roadway. What if you were waiting to receive your current registration in the mail and did not operate your car until you got and displayed it?
It certainly wouldn’t be right to issue a ticket in a private driveway.
Let me know what you decide to do.
Good luck.
Regards,
Larry
Hi Larry,
Thanks so much for your response.
I went ahead and looked up §306(b) @ https://www.nysenate.gov/legislation/laws/VAT/306 it says as follows “No motor vehicle shall be operated or parked on the public highways of this state unless a certificate or certificates of inspection…”
my questions:
1) isn’t this clear enough that i’m only in violation if parked on the public highway / street, and NOT if parked in private driveway? regardless of public view?
2) in same section, it says: “if the vehicle bears a certificate or certificates of inspection which was or were valid within the last sixty days, such violation shall be punishable by a fine of not less than twenty-five nor more than fifty dollars…”
I wonder how come I was charged $65? I was 1 day over only?
Hi, Chaim,
I applaud your passion! Good going.
It gets a little tricky because this battle involves “Home Rule.”
Home Rule allows cities that have more than a certain number of residents to make their own rules regulating the roadways in their city.
If memory serves me, a city can’t overrule a rule or law enacted by the State of NY, but it can fill in empty spaces.
Ergo, Does NYC’s rule in effect overrule and contradict the NY State rule you pointed to?
I would argue that NY intended to regulate this area of the law/rules and only restricted driving with an expired sticker on a public roadway. NYC cannot add a further restriction that covers private driveways, especially without making the rule totally clear that it intended to do so.
Nicely done.
Please let me know the outcome of your good fight, Chaim.
Regards,
Larry
Hi Larry,
I just realized that i’m way to late to re-appeal this ticket…
The court decision was emailed on 4/24, while I only noticed it on 6/7!
(confusing gmail inbox / primary…)
I guess its long after the 30 days so I’m out of luck….
In any case thanks so much Larry for having this blog! You are doing a great service it is very much appreciated!
Thank you for your very kind comment, Chaim.
Regards,
Larry
I have a question. The officer signs in the bottom of the ticket that under penalty of perjury laws they saw the offense and indicated the operators name or indicated I’d refused and personally served this notice upon them…..
I had an ID badge hanging on my neck, and was talking to the officer. She never asked for my ID and opted to put the ticket on the windshield and did not serve me even though I was there.
Technically, this is perjury. She didn’t do what she signed she did would this be a valid claim to render the ticket invalid (for inspection ticket)?
Hi, Jeff,
Good afternoon.
I’m afraid you won’t get anywhere approaching your defense from a “perjury” perspective. I would argue, “lack of proper service of summons.” But, you gotta be very persuasive to convince a judge in Parking Ticket Land that you were sitting behind the wheel when the ticket was issued to result in a dismissal. I always describe the appearance of the Cop or Warrior and describe my conversation with the Cop or Warrior in detail. The more believable details, the better chance of winning a dismissal.
Good luck, Jeff.
Regards,
Larry
Hi, Larry
I ended up appealing it by mail and the judge dismissed the ticket.
Thanks again for all your help and for having this blog.
I received a ticket for for no inspection sticker(810), but my vehicle is older than 25 years, how do I fight?
Hi, F Rod,
Good afternoon.
I am unaware of a 25-year rule that limits MV inspections. Please enlighten me
Regards,
Larry
Good morning, I just received a ticket at 3:30 AM for no standing at a bus stop but over further review of the ticket I’m surprised he didn’t get me for expired inspection sticker as well .. it expired at the end of the month January 2020.. were in February now. But the officer put inspection expires in Jan 2021…so he didn’t write me up for that.. once again I’m not sure if he was cutting me a break or if this will be grounds to get the whole ticket dismissed? Any help would be appreciated. Thank you
Hi, Lee,
Good morning.
Interesting observation!
I would fight the evil ticket and argue that the registration expiration date was misdescribed. You’ll need to take photos that show your car with the plate and the expired windshield sticker and ask for a dismissal.
Good luck.
Regards,
Larry
Good morning again Larry thank you for the advice and fast reply. I really want to fight this ticket if possible but upon reading your response I am a little confused, I think I wrote to you wrong the first time, the officer put the registration expires on 2021, which is valid, But my inspection sticker was expired, (he only ticketed me for no standing). not the registration or inspection..
So could I still argue the fact that the inspection sticker expiration date was misdescribed? Or will they just put that ticket on top of no standing? Lol thank you again
Larry my hero! Could you kindly help me?
I got 3 tickets in the same day by 2 warriors – Evil as you eloquently put it.
Both warriors issued an expired registration and the second warrior also issued an expired meter ticket.
I’m fighting the meter as I had the purchased ticket and displayed, I took proper pictures and sent that in. (waiting on decision)
My question is on the registration tickets. I had my renewal sticker visible in the dashboard – I hadn’t taken the expired off the windshield yet. Unfortunately, I do not have clear pictures showing both registrations in one pic. I’m looking for some other way of not having to pay them for both (I asked using their online hearing for the second ticket to be dismissed as a double jeopardy and they found me guilty anyway)
In your expert opinion, can I use the fact that I proved the warrior’s first ticket was bogus as a defense for the second ticket? saying he ignored my windshield both times?
The description for both are the same: “reg stricker expired” 4-08(J)(3). Which I was going to defend I’m in compliance with that being that if anything I was in violation of 4-08(J)(4) for having an expired registration displayed.
Thank you in advance for your help. I appreciate it.
Hi, Sara,
Good morning.
I”m blushing! Thanks for the kind comment.
It is the custom in Parking Ticket Land that only one expired registration ticket can be issued per day. So, a judge will dismiss the second registration expiration ticket if you pay the first ticket and ask for a dismissal of the second ticket. You’ll have to offer proof of payment and proof that two registration expiration tickets were issued the same day.
I’m afraid that the current registration lounging on the dashboard is not a winning defense. There can only be one registration sticker and it must be on the windshield.
Good luck, Sara.
Regards,
Larry
My name is George and my situation isn’t much different from Sara expired registration ticket. I received a parking ticket for expired registration. The car was purchased new at the dealer and the temporary was on the windshield and it expired I just never had the chance to put the current one on. I honestly kept forgetting to do it. When the ticket was issued the car was actually registered the temp was never switched to the current yearly nys registration. If I go to court and show the car was in fact registered would they dismiss the ticket or will I still be on the hook for it. Thank you ahead of time. I am also glad you have a website like this to educate us on how to combat tickets.
Hi, George,
Good afternoon.
Thanks for your kind comment. I appreciate it very much.
Your defense depends on the rule the Warrior or Cop claims you violated.
If it was 4-08(j)(1) you win because the rule requires a car to be registered and yours was
On the other hand, if it was 4-08(j)(3), I’m afraid Houston, we got a problem, because this rule requires a car to display a current registration.
I hope it was J1!
Good luck.
Regards,
Larry
Larry – I received a standing violation, the ticket did not record my VIN number and the license plate was a temporary tag. Is this something that should be paid?
Hi Stephen,
Sorry about your parking pain.
Did the temporary tag have the expiration date on display? If so, did the Warrior or Cop enter the expiration date on the ticket? If not, you win subject to presenting the proper proof, properly.
Good luck.
Regards,
Larry
Hello Larry,
My name is Sergey. I’ve got two violation tickets for the expired inspection sticker within less then 24-hours at the same location:
1st- 09/07/2021 @ 12:28pm
2nd- 09/08/2021 @ 10:35am
Will it be possible for me to use the custom in Parking Ticket Land, that only one expired registration ticket can be issued per day?
And, requesting judge to dismiss the second registration expiration ticket by offering proof of payment for the first ticket and copies of both tickets issued within less then 24 hours window?
Hi Sergey,
Good afternoon.
I am sad to say that the custom now is that both violations must be on the same day.
Did you check for defective required elements? If you’d like me to look at the tickets and see if my eyes see a defect, I’m happy to do so.
you can email me the summons number, or photos of the tickets and send them to: [email protected]
Regards,
Larry
Another question about inspection tickets: I got two tickets for $65 on successive days, one and two days after my inspection expired. The ticket cites NYC Traffic Rules, Section 4-08(j)(6). That section cites Section 306(b) of the Vehicle and Traffic Law, which has a provision that says: “provided however, that if the vehicle bears a certificate or certificates of inspection which was or were valid within the last sixty days, such violation shall be punishable by a fine of not less than twenty-five nor more than fifty dollars.”
I argued before the ALJ that the violation should be dismissed or reduced because the inspection had expires less than 60 days ago.
The ALJ upheld the ticket stating: “The section cited refers to moving violations which are summons issued by a police officer at a traffic stop. This summons is a parking violation issued by a traffic agent and subject to different rules and fines.”
I appealed and the board found no error.
Am I correct that the violations should have been no more than $50 pursuant to VTL 306(b)? If so, does it make any sense to bring an Article 78 challenging the Board’s determination? Would I have any chance of winning costs?
Really appreciate this Blog. Thanks in advance if you can shed some light on this.
Hi Adam,
Good afternoon.
Hope you are enjoying a wonderful and safe Thanksgiving.
Firstly, I applaud your passion and tenacity. But, I’m afraid the judges are correct as these confusing laws are currently applied.
An expired inspection sticker violation while your chariot is parked is considered a parking violation under 4-08(j)(6). While the same violation issued to a vehicle in motion is considered a moving violation under the NY State VTL.
The reference to 306(b) is only applied to moving violations and not parking violations.
Here’s an interesting opinion published by the NY State Controllers Office.
Good luck.
Regards,
Larry
PS…If it were me, I wouldn’t file Article 78. The cost of your valuable time and money, given the little likelihood of success, doesn’t warrant the filing
Thanks so much for taking the time to respond to my question. Love your blog.
My pleasure, Adam.
Hi,
I received a summons for Inspection sticker expired (expired on 1/31/22), summons was issued on 2/8/22. The vehicle was inspected on the same date; can I fight the ticket? I’ve enjoyed reading and learning from your various posts.
Thank You for your help
Hi Cathryn,
Good afternoon.
Thanks for the kind comment. It means a lot to me.
I’m afraid there is no grace period when it comes to getting your car inspected after the expiration date. But, I would check the front of the ticket for any omitted, misdescribed, or illegible required elements. Please be sure that the warrior entered the correct inspection sticker number and expiration date on the ticket.
Be safe.
Regards,
Larry
Hi Larry,
Thanks for helping people here, this is great! I read most of the comments, but did not see my situation (perhaps missed).
I moved out of NY 2 years ago, but never bothered to remove the registration and inspection stickers on the window. I visited NY this week and got tickets for both of these stickers being expired. The tickets actually listed my current MD plates with valid registration, so it’s not like the person issuing these did not see that I was from out of state. Do I have a case here? Can’t really come to court, so would have to fight by mail, I guess.
Thank you!
Yegor
Hi Yegor,
Good afternoon.
Just when you thought you were finished with NYC parking tickets. What a shame!
Yes. I would fight both tickets.
I trust you were charged with violating 4-08(j)(3) and 4-08(j)(6). If so, both of those rules only apply to cars with NY plates.
You may wish to fight these evil tickets online (I always do). Here’s a link to the dispute webpage
Let me know the outcome, Yegor.
Good luck fighting the good fight.
Regards,
Larry
Thanks for your reply, Larry, this extremely helpful!
They don’t list the articles, just the “Violation 809” and “Violation 811”, but the description fits. They also say that I can only dispute this in person, but I will explore your link and see if this works.
Will let you know how this goes.
Hi, Larry! Congrats on your move out of town. I’ve long been a huge fan.
I have a couple of questions – I’m a paralegal preparing an APPEAL of a ticket for my boss (the lawyer).
Boss lady had her windshield replaced. More than a month later, she received a summons for 4.08(j)(7) VC 72 the claim Insp Sckr Counterfeit. Complainant’s comments: Void printed on stckr xxxxxxxx.
My defense:
1) The inspection sticker was a valid and unexpired sticker, and was not “counterfeit”.
2) The agent’s claim that “Void printed on stkr #xxxxxxx” does not render the sticker counterfeit; moreover, Respondent denies that the sticker registered “Void”.
3) The summons, on information and belief, may be facially deficient. While it lists the sticker number, it fails to indicate the expiration date of said sticker number, which respondent believes is a required element of such summons.
4) The possible explanation for the agent’s misunderstanding that the sticker was not valid was that the windshield had been replaced several weeks prior; the receipt for this work is attached in support of an explanation for said misunderstanding.
5) Respondent has driven in and around the City without any incident; a counterfeit inspection sticker is a serious traffic violation and there was no citation of Respondent by any police for driving with a counterfeit sticker.
It should be pointed out that Respondent (the writer is her authorized agent) is a resident of 527 W 110th Street which is across the street from the location of the alleged infraction, and Respondent has regularly parked on the streets of the city since the windshield was replaced without previous incident; upon receipt of this summons, Respondent went to the nearest service station that performs inspections and had a new inspection done so there would be no further such confusion on the part of traffic agents (this does not constitute any kind of admission that there was anything irregular or wrong with the existing sticker).
Respondent asks for a finding of not guilty.
One of the resident a**hats at PVB, Carl P. Kanev (on staff since at least 2010 based on cases filed against him; attorney since 1981), found as follows:
The respondent has been charged with violating Traffic Rule 4-08(j)(7) by standing or parking a vehicle bearing New York plates that
displayed a mutilated, imitation or counterfeit certificate of inspection. Respondent testified the vehicle’s inspection sticker was
removed when the windshield was replaced, then reaffixed to the windshield, and that the vehicle was parked as alleged in the summons. Respondent’s testimony is not a legally sufficient defense to the violation because a vehicle is required to display a valid
current inspection sticker when parked. Respondent’s testimony that the vehicle was reinspected, together with a photo of a receipt
showing reinspection after the summons was issued, is not a legally sufficient defense to the violation because a vehicle is required to
display a current inspection sticker when parked and a subsequent reinspection does not cure the violation.
***End of decision***
1) Kanev didn’t deal with my claim – from YOUR blog – that the expiration date is a required element of the summons (can you send along where this is cited – it’s important for the appeal!)
2) Kanev further acted inappropriately in adding the other two possible reasons for complaint under 4.08(j)(7) VC 72, namely “imitation” or “mutilated”. I believe that when it was clear to Kanov that the sticker was not “counterfeit” i.e. actually printed by someone other than DMV, I should have won.
There may have been some surplusage in the defense (perhaps I didn’t need to state that Boss Lady had in fact gotten a new inspection immediately to avoid future summonses; indicating that the windshield had been changed and somehow the “Void” notation did not occur immediately but after a month) but that should NOT have cost me this case.
Am I wrong to wonder what LOONEY BIN ALJs like Kanev come from? It brings back nightmare memories of fighting PVB tickets back in the 1970s and 1980s in front of palsied, ancient ruins of lawyers (peppered with times when I actually started to realize how the game was played, and started winning in front of these guys…) Of course the fact that I myself recently turned 70 might give pause in making comments like that but…really interested in your feedback (and any creative ideas of doing the appeal, beyond perhaps not calling Kanev an a**hat to what will likely be three of his ancient, palsied buddies!)
Hi Jay,
Good afternoon. Thanks for your very kind comment. It means a lot to me.
Wow. What a nightmare.
Kindly email me a photo of the parking ticket or the 10-digit summons number.
I’m happy to help.
Regards,
Larry
[email protected]
Dear Larry,
I received a summons for failing to display my registration I had a temporary registration on the dashboard and the traffic ignored or missed it I can send in a copy of my temporary registration however that is not enough proof that I had it displayed how can I proof something like that they should except my claim ?
Hi Mike,
Good afternoon.
Sorry to learn about your painful parking experience.
Excellent question. However, the answer is a little knotty. But, here are some tips.
-Let’s start with the rule, 4-08(j):
(3) Vehicles must display valid registration stickers. No person shall stand or park a vehicle bearing a New York plate or plates unless it properly displays a current registration sticker.
That is to say, the rule requires 1. Proper Display and 2. Current sticker.
In your case, the warrior ignored the temporary registration certificate on the dashboard and charged you with a registration that was not current (expired)
-Therefore. our challenge is to persuade a judge that on the date and time this evil ticket was issued, you complied with both prongs of the rule
Best evidence:
-A time/dated photo of the temporary registration on the dash and the expired registration sticker on the windshield that was taken shortly after the ticket was issued at the location the ticket was issued.
On the other hand, if you don’t have this “Get out of jail free” photo, here are some “next best” suggestions.
-Everyone loves a great story. So, start with your story.
Why did you need a temporary registration?
When did you apply?
Do you have proof of the date you applied (such as your payment)?
When did you first place the temporary reg on the dash?
Any witnesses that rode in the car a noticed the temp reg on the dash (especially relevant if on the date the ticket was issued)
How to present the evidence:
-Photos and temporary registration certificate should be in exhibits (I use Apple Keynote. and Microsoft presentation is just as good).
-Captions on exhibits to briefly explain photos
-Your defense statement should either be a sworn affidavit (best) or certified by you as true and accurate reproductions of originals
-Witness statement should be hand-written by the witness and include a relationship to you and that the testimony is truthful.
Let us know how you do, Mike.
We are rooting for you!
Regards,
Larry