Posted by Larry Berezin on Wed, Sep 09, 2009 @ 09:21 AM
Your NYC parking ticket story
You double park your car in front of
your home, drop off your wife, and are about to head off to work. You
notice a parking ticket warrior in your rear view mirror, raising her
scanner and firing an invisible beam of light at your registration. She walks to your car, and hands you a dreaded NYC parking ticket for double parking. That beam of light costs $115.
You research the NYC parking law, and learn that stopping
temporarily to drop off a passenger is a defense to a parking ticket
for double parking. You plead not guilty, sign the back of your parking
ticket, prepare affidavits from you and your wife, and send your
defense package by certified mail, return receipt requested, to the
address on the back of the ticket.
75 days later, you receive the
decision in the mail. The hearing official found you guilty as charged
because "he did not find your argument persuasive." You know you were
right, so you appeal the original judge's decision.
Before you embark on an appeal, it is critical to know the rules governing an appeal and how the process works.
Appeal Process
You must complete an application for
appeal, which is supplied by the Department of Finance, Adjudication
Division. Here's a link to the web page where you can download the application. The following is a list of documents you must provide with your appeal application:
- The original judge's decision
- The original ticket, or a copy of each
- All evidence that was submitted at the original hearing
If you did not pay your fine prior to your appeal, payment must be
enclosed with your application for appeal; or your appeal will not be
considered by the Appeals Board.
Your application for appeal, supporting documents, and payment for your
parking ticket must be received by the Adjudication Division on or
before 30 days from the date of
the original judge's decision. Although this time period may be
extended in the "interests of justice," it is highly unlikely that you
will qualify for this extension.
If you make any mistakes, your
application will be returned for correction. However, you must
re-submit your corrected application within the original 30 day period
to perfect your appeal.
How to set forth your reasons why the original decision should be reversed
- Keep in mind that there are a gazillion appeals processed every
year. Your argument should be objective, respectful, and focused
directly on a mistake in the law or facts.
- Keep your emotions to yourself. Your anger and ranting will not enhance your chances of success.
- Make sure that your provide your reasons for reversal in the form of a notarized affidavit. It carries greater weight than an unsworn statement
- You cannot submit additional evidence. You can only refer to
evidence you submitted at the original hearing; unless the respondent
consents (right!)
Larry's Hints:
- Respectfully refer the Appeals Board to the specific rule of law
that the original hearing officer misapplied. In our example, cite the
source rule containing the exception to a NYC parking ticket for double
parking, when temporarily stopping to drop off passengers
- Refer the Appeals Board to the facts that support implementing
the exception; such as the fact that you dropped your wife off at your
residence. Make sure you present proof of residence
- Refer the Appeals Board to the times involved, and comment on the
proof you submitted for your original hearing verifying that you are
scheduled to arrive at work at a specific time
- Refer the Appeals Board to the reason why you were dropping off your wife at that hour of day
- Be persuasive! By that I mean, do not merely parrot conclusions.
No one likes to be told how to think. Lead the Appeals Board to the
"right conclusion" by submitting sworn facts that allow the Appeals
Board to reach the only reasonable decision
You appeal will be heard on the papers, unless you specifically
request an in-person hearing. You must make your request for an
in-person hearing by checking the appropriate box on the application
for appeal.
You will find the rules covering appeals at Title 19, Chapter 39, Section 39-12.
Have you ever appealed from an adverse decision of the original
hearing official? Please comment and share your opinions. It matters to
all of us