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…”
Check out the Evil Empire’s Rules, Title 19, Chapter 39
(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.