Last Updated on November 28, 2014 by Lawrence Berezin
Why didn’t Joe get his parking ticket dismissed?
Unbeknownst to Joe, he parked his passenger vehicle in a commercial meter parking area, paid for the time, displayed his muni meter receipt on the dashboard, and went about his business. When he returned to his chariot, Joe found a parking ticket under the wiper. According to one of the Darth Vaders:
Joe couldn’t imagine why he was issued a parking ticket. He paid for the time.
Joe walked to the parking sign that regulated his curb space, read it slowly, and realized that the parking sign displayed a rule that restricted parking to commercial vehicles.
Joe thought to himself. “That is one ^&R$! confusing sign.”
Joe fought his NYC parking ticket
- The parking sign was confusing
- I paid for parking
Here’s the letter Joe sent to the Evil Empire in defense of this parking ticket:
The Evil Empire found Joe guilty
Here’s the judge’s decision:
Violation Number: 123456789-1
Respondent is charged with violating Traffic Rule 4-08(l)(3)(ii) by standing a vehicle in any space on a block where signs are posted designating a commercial parking metered area unless such vehicle is a ‘commercial vehicle’ as defined in section 4-01(b)(i) of the traffic rules or a vehicle with a valid “combination” registration from another state, and unless space is controlled by a parking meter.
Respondent testifies that they parked at the location where the summons was issued and they did not understand what the sign meant.
This is not a valid legal defense. Operators of a vehicle are required to read, understand, and adhere to the signs posted on a particular block before they park their vehicle.
Joe wants to appeal, and raise the following objections to the adverse decision:
There were 7 reasons (or more) Joe’s parking ticket was not dismissed:
- If you don’t care enough about your appeal to present it in a respectful and professional manner, neither will the judge
- Plead not guilty. Never pass up the chance to tell the judge that you are not guilty of the parking violation
- Present facts not conclusions. No one wants to be told what to think
- Research your case, present facts that persuade a judge there is only one conclusion for her to reach, and that’s “Not Guilty”
- Just because Sam’s Dad got him a new car, doesn’t mean your dad is going to do the same. If there are other cars on the street without parking tickets, fugetaboutit. It’s not a winning defense
- Just because a cop or warrior had to explain over and over again what the parking signs meant, doesn’t mean the parking sign was per se confusing. Explain why the parking signs were confusing to you
- You’re not running for NYC Council. Don’t waste your time excoriating the Evil Empire to a judge. That’s like telling your best friend you don’t like his girl friend, and learn that he just asked her to marry him
Can you think of any other reasons why Joe didn’t get his parking ticket dismissed? Does Joe have any winning arguments to raise on appeal?