Last Updated on May 11, 2018 by Lawrence Berezin
The NY Vehicle & Traffic Law (“VTL”), section 238
Absolutely, positively makes the “name of the operator,” if present, a required element. Here’s the relevant portion of section 238:
“(2) A notice of violation shall be served personally upon the operator of a motor vehicle who is present at the time of service, and his name,together with the plate designation and the plate type as shown by the registration plates of said vehicle and the expiration date; the make or model, and body type of said vehicle; a description of the charged violation, including but not limited to a reference to the applicable traffic rule or provision of this chapter; information as to the days and hours the applicable rule or provision of this chapter is in effect,unless always in effect pursuant to rule or this chapter and where appropriate the word ALL when the days and/or hours in effect are every day and/or twenty-four hours a day; the meter number for a meter violation, where appropriate; and the date, time and particular place of occurrence of the charged violation, shall be inserted therein…”
Commentary:
Check out the Evil Empire’s Rules, Title 19, Chapter 39
39-02
(b) Service of notice of violation (summons). Service of the notice of violation (summons) may be made as follows: (1) Personally on the operator of a vehicle. In such case, the name of the person served shall also be inserted in the notice of violation (summons). (2) If the operator is not present, the notice of violation (summons) shall be served on the owner of the vehicle by affixing the notice to the vehicle in a conspicuous place. Service of the notice of violation (summons) as herein provided shall have the same force and effect as if personally served.
A parking ticket judge would rather jump off the Brooklyn Bridge rather than to dismiss a parking ticket for lack of proper service. Judges seem to find very creative reasons for denying the operator or owner was present when the ticket was issued.
Here’s a post I wrote entitled, “The Best Parking Ticket Defense-Ever.” It tells my client’s story about taking a photograph of the Warrior placing the ticket on the windshield of his car without entering his name. He took the photograph sitting behind the wheel. I fought the ticket, argued the lack of proper service defense, submitting some wonderful photographs, and the judge dismissed the ticket.
You’ll need some compelling proof, but this is a defense that works.
Would you like some tips on beating registration and inspection parking tickets with the help of required elements? Here’s how.
I found that in section b) of 39-02, it does mention that the name of operator needs to be inserted.
“(b) Service of notice of violation (summons). Service of the notice of violation (summons) may be made as follows:
(1) Personally on the operator of a vehicle. In such case, the name, of the person served shall also be inserted in the notice of violation (summons).”
I recorded a traffic cop giving me a ticket, and in the video I spoke to the agent as he was issuing me a ticket. I made it clear in the video that “I was the operator and I am present, so please take my ID and write down my name”. The traffic cop rejected my offer of course. The ticket was for street cleaning and I was 2 minutes late. If he would have wrote that I was present it would have made it easier for me to fight it.
David,
Good morning.
Your video is gold.
First, the 5-minute grace period applies to your parking ticket. So, if it was issued “2 minutes late” you win upon application because it was issued before the end of the 5-minute grace period.
Second, if upon revisiting the time of issuance you see it was issued with regard the 5-minute grace period, I would fight the parking ticket for lack of personal service. Your statement of the rule is correct.
The parking ticket judges would rather cut off their tiny toes than dismiss a ticket for lack of service. They come up with ridiculous reasons for sustaining them. Please mention you were sitting behind the wheel of you car when you took the video (how are you going to submit the video?).
Let us know the outcome and save that video.
Regards,
Larry
I recently received a No Standing Com Mtr Zone Days/Hrs: Except Su/7A-7P – VC 31. First, the sign does not state No Standing anywhere on the sign. (I’ve seen some that do have No Standing on them) Secondly, I was behind the wheel at the time and was not asked for personal identification. Lastly, my only proof is I know what she & her partner (last name too) looks like and in the Comments section it states:
Sitter / no activity. I plan to fight the ticket…
Hi Don,
Good morning.
Great observations. Here’s the scoop:
-The relatively new, supposedly more understandable parking signs display an abbreviated version of the rule. There is no requirement that “no standing” appear on the sign
-Your best defense is the lack of personal service because you were sitting behind the wheel when the nasty orange thing was issued and the warrior did not enter your name on the parking ticket
What better proof to submit than the warrior’s comment that you were a “sitter.” Her own testimony placed you behind the wheel.
Congratulations, champ. You’re a winner.
Regards,
Larry
My car got booted Jan 2 2018 I paid an outstanding amount when I went to traffic court cause most of my tickets were in judgement the months were 07/18 to 11/18 I paid a total of 958 dollars including the boot fee. I was on vacation and my car got booted again which was 2/29 and they actually towed it telling me I have tickets In judgement from 07/18 till 10/18 which can’t be possible because my other tickets were in between those dates as well and I paid all them off ‘ if those tickets were added in they would’ve been paid this shouldn’t be on me and I think the traffic court house should be held responsible cause those tickets have 999 by it all my other tickets had PAS I smell some funny business going on cause why those tickets weren’t on my old ticket sheet
Hi, CC,
Yikes!
Mistakes happen.
Are you going to follow up and see if this mistake happened to you?
Regards,
Larry
Does personal service defense apply to expired Safety Inspection stickers? I parked in front of a store and paid via the NYC Parking App, and the ticket guy was at my car when I got back. He was still scanning the registration over and over again. I told him I paid through the app, but he said it was for the inspection. He told me I have 72 hours to get it inspected and it will be dismissed, but I don’t see this written anywhere. I told him it was my car, etc, and he never asked for my ID or put it on the ticket. I don’t have a pic of him, but I do have my dash cam turning on and me driving away 1 minute after the ticket was issued, and I can describe him.
Hi Mike,
Good afternoon.
Sorry to learn about the warrior’s bad behavior.
Meanwhile, the personal service defense is one of the hardness to win. Likewise, judges are reluctant to dismiss a ticket because a driver claims they were present when the ticket was issued. Moreover, most judge’s require that the driver be seated behind the wheel when the ticket was issued.
Most inmportantly, warriors tend to give drivers fake information to avoid a sidewalk dispute. Anything to give you hope of beating the ticket.
I’m afraid raising the dash cam defense will be very challenging.
PS. The personal service defense applies to all tickets.
Good luck.
Regards,
Larry