Last Updated on April 29, 2015 by Lawrence Berezin
A parking ticket case to remember
I represented Natalie, a wonderful member of the driving public, in her parking ticket case against the Evil Empire. Natalie was charged with a No Parking violation. The parking ticket warrior described the place of occurrence as:
“E/S of 163rd Street 70 feet N of Jamaica Avenue”
However, I discovered during my investigation that the place of the occurrence described a parking space regulated by a No Standing rule, not a No Parking rule. I prepared a defense certification for Natalie’s review and approval and a series of 11 exhibits.
I fought the evil parking ticket online. 12 days later we received the judge’s decision
Why did the judge find Natalie guilty?
Here’s a copy of the judge’s decision…
The judge reasoned that a portion of Natalie’s car must have extended into the adjacent No Parking zone.
Was there any evidence to support the judge’s decision that a portion of Natalie’s car extended into the No Parking zone?
Larry appeals the parking ticket judge’s decision
Why did the judge find Natalie guilty? The parking ticket judge conjured up facts that were not in evidence. The judge made a leap of faith that:
- The warrior measured the distance from Jamaica Avenue to the rear and not the front of Natalie’s car
- A car is approximately 15 feet long
- Therefore, a portion of the front of Natalie’s car must have extended into the adjacent No Parking zone which commenced 80 feet from Jamaica Avenue
The judge’s reasoning may have merit if it was based on facts in evidence. However, none of these facts were entered on the parking ticket. All the warrior had to do was to write:
- The measurement was to the rear of Natalie’s car. Or,
- The warrior could have described the place of occurrence as 80 feet from Jamaica Avenue
- Stated that the front of Natalie’s vehicle extended into the No Parking zone
He didn’t. And, the judge manufactured the facts and based his opinion upon the manufactured facts. Nice, huh?
The original judge’s decision should be reversed by the parking ticket appeals panel inside the PVB. Will it be?
I’ll let you known.
What do you think? Please share your opinion.