Larry's Blog

Here's a related matter. I looked at the VTL and I can't see how parallel parking is ever legal! Take a look and tell me what you think. Thanks: 
 
 
 
http://schlissellaw.wordpress.com/2009/02/02/is-parallel-parking-prohibitted-in-new-york/

Benjamin, 
 
Great question. I read your original post, and the exchange of comments with Matthew Weiss, Esquire on the schlisselaw.wordpress blog. I appreciate how much time you spent dissecting and researching all elements of parking, standing and stopping. 
 
Parallel parking is permitted in New York. Here's why: 
1. There is no law, ordinance, rule or regulation prohibiting parallel parking in New York  
 
Your friend received a ticket for "double parking". Let's look at the language in the NYC Parking Code. Code 46 prohibits: 
 
"Standing or parking on the roadway side of a vehicle stopped, standing or parked at the curb; in other words, 'double parking'"..." 
 
Code 40 does not prohibit stopping for the purpose of parallel parking  
in a space behind the vehicle parked at curbside 
 
Principles of statutory construction dictate that: 
1. Common sense applies to interpretation of laws.  
2. The legislature is aware of the meaning of all laws passed on a specific or related topic; and these laws should be read and applied in a consistent fashion 
 
If parking is permitted, it makes common sense that the action necessary to park is also permitted. 
 
In defense of your friend's ticket for double parking, I would defend based upon evidence of his/her intent to back into the parking space. 
 
My approach to your question is holistic rather than surgical and examining each organ separately. The body needs all its organs to function properly.  
 
As a parting comment, this is another example of the infuriating way parking tickets are dispensed in New York. 
 
Thanks again for your thoughtful comment. I enjoyed participating in the discussion 
 

Larry, 
 
 
 
Thank you for following up. I was hoping for some "smoking gun" statute that explicitly excepts the stopping inherent in "parallel parking" from the "double parking" violation, but it looks like no such rule exists officially. As both of us have said, it doesn't make sense that the "double parking" rule should prohibit admittedly legal "parallel parking" so we just have to assume/read in that exception to the technical words of the statute. Thanks for your attention to, what I think is, an interesting question!

Larry, 
 
I have a question. One day I was double parking on a street, there were cars in front of me and behind me. I remembered that I was the second double park car. When a traffic officer came and started writing a ticket for the first double park car, I drove away immediately, the officer turned around and said "Stop. Where are you going?" I ignored him and kept going. A month later, I received a notice said I did not pay the ticket. When I read carefully, the ticket only had the license plate, color of my vehicle and make of my vehicle. Somehow, he just wrote down just these 3 information on the ticket and pretended I had received. Could I fight for it? Thanks.

Larry, 
 
In other words of my last post. What are the crucial identification elements must be on the parking ticket to make it valid? I heard that if a parking ticket misses one of the following is defective ticket. 
 
 
 
1. the license plate number 
 
2. the plate type 
 
3. the registration's expiration date  
 
4. the vehicle's make or model  
 
5. the body type. 
 
 
 
Is it correct? Thank you. 
 
 
 

I parked my car in Brooklyn by a meter that was broken and then I leave my office and there was 2 tickets on my windshield. Are they allowed to do that? Is there any way to get both off or just at leat one? 
 
Thanks

I just got a ticket for $115 for parking in a no standing zone (didnt realize the sign)... but when looking at the ticket, the officer wrote that my car was grey when in reality it is silver- is this enough to fight the ticket as a void ticket? 
Thanks

Eli, 
 
Depend on the judge. The city is very thristy for money. The officer pull in front of me while I was waiting for someone at the "No Parking" zone. I pulled right out immediately. I thought, I could get away this time. A month later I receipt a notice that I was did not pay the ticket which I have not received. When I read the ticket, it just had my plate #, Vehicle Make(without year), and color "Gold" where on the registration "Tan". No registration expiration date. The judge was still saying valid ticket. I said, the ticket is missing a lot of my vehicle inform. He said that the plate # and Make and Model already identified that it was your vehicle. What can you say. He was telling me "GIVE ME YOUR MONEY" That is what he cares.

http://www.nyc.gov/html/dof/html/pdf/04pdf/parking_rules39.pdf 
 
 
 
here is the link to the legal elements required for a parking ticket. too vague and too much discretion for judge.

Good old NYC, I stopped in a no standing zone/bus stop to drop off my daughter at the subway station in Queens and got scanned before leaving. I asked the ticket writer if he was giving me a ticket and he ignored my question. I left. Like the others here, I received a notice stating I ignored paying the tckt and added 10 bucks in penalty. I went for a hearing because the statute states that dropping off passengers expeditiously is allowed but when giving my testimony the hearing officer asked if my daughter had any bags, to which I stated that she had her carryon/bag that I helped her grab it from the back seat( I made a body motion to demonstrate, reaching over my shoulder to help lift the bag from the back seat while seating behind the wheel) and at that point the judge stated that unloading of bags was prohibited and upheld the tckt. She did this way at the end of the hearing catching me by surprise. I asked her how a carry on/backpack bag used as a purse qualified as luggage and she did not respond. Almost saying that a woman can not have anything in her hands when leaving the vehicle. I could not believe her reasoning. The regs by which the tckt was issued says nothing about bags. I have appealed it and I am appearing in person to fight the decission. Any ideas on what they might pull out of their hats?

Ivette, in my opinion, it is hard to fight with the City Hall. Even if you have reasonable excuse( like you said), those judges have been trained to plead everyone guilty, because the city is very, very greety and thristy for $$. I believed, even if you had told the judge that your daughter had no bag, he/she would just said "I don't believe you." or find others reasons and still plead you guilty. This had happen to me before. Nowsaday, traffic judges have no righteousness and mercy. It is so frustrated to get an unfair trial.

Ivette, 
 
As the Cheshire Cat in Alice and Wonderland said to Alice, "We are all mad here." Wow. You really took a journey through the looking glass. Welcome back. 
 
You should absolutely, positively appeal this decision. When you appeal, the rules only permit you to direct your argument at a mistake of law or fact made by the original hearing officer.  
 
Here is my recommendation...in Section 4-01(b)Standing is defined as: "The stopping of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging 
passengers." 
 
Parking is defined as: "The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading PROPERTY or passengers." 
 
Since the rule for a bus stop zone prohibits "standing," the hearing official based her decision on your daughter leaving your vehicle with her bag, which she mistakenly interpreted as "unloading property to the curb." I'll be kind and simply say the hearing official's decision was wrong. 
 
Mark Twain has a saying that applies here: 
"It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt.” 
 
When the appeals panel asks you what mistake the original hearing official made, I suggest you say the original judge misapplied the definition of "No Standing" by characterizing your daughter's bag, as unloading property to the curb. 
 
Otherwise, no man with a briefcase, or woman with a bag could ever exit a vehicle at a bus stop. That would be bad for the bus business. 
 
With that said, I would add that most of the hearing officials get it right, and should be applauded. It's that disrespectful, blankety-blank small cadre of parking ticket hearing officials that create the perception of inequity. I suggest bringing the pocketbook (and your daughter, if not too inconvenient) to the hearing.  
 
If I can help further, please do not hesitate to call me.

Sean, 
 
Thanks very much for joining the conversation, sharing your experience and thoughts with Ivette, and the NYC driving public. This is the type of community I am working relentlessly to foster.  
 
Your points are well-taken.We must continue to fight when we are right; regardless of the odds. 
It is critical to know the rules before your battle begins.  
 
A parking ticket warrior need not prove intent to violate a rule. It is sufficient to make a prima facie case by proving a violation was committed. It is then incumbent upon the driving public to find an exception to the rule. 
 
For example, an exception to the no standing/bus stop rule is that you were stopped temporarily to discharge your passenger. Emotions do not count. You must learn the exception to the rule you are charged with violating. Ivette learned the rule and exception. Unfortunately, the hearing official misapplied it. I am confident the appeals panel will right this wrong. 
 
It is really terrific that you take your valuable time to help a fellow member of a very select and wonderful group, i.e., the NYC driving public. Sean, I tip my hat to you.

Thank you so much for your responses and, Sean,I think that the hearing officer would have probably come up with another reason to uphold the ticket also, and hoped that I would give up and let the city have the money. But, as Larry said, we can't let them think that we will all just give up.  
Larry, I was thinking the same argument, that the officer misinterpreted the rule and gave me no opportunity to explain what type of carry on I was speaking about.  
I am planning on bringing the bag, but my daughter is in college and I did not think about getting a written statement from her. 
 
I was also thinking that the officer pretty much "gave me another infraction" at the hearing by stating that the ticket is good because I was unloading bags. But the ticket itself was issued under Section 4-08(c)(3) which is not the ruling prohibiting unloading of property, it is almost as if she created another infraction at the hearing for which I had no citation. I could argue that if unloading of property had happened, the ticket would have been issued under the rule covering that infraction, except that I don't know the section governing that one. Maybe I should keep it simple. 
Bringing the carry on bag should not be considered introducing new evidence since the judge opened the door when she decided to uphold the tckt based on the bag issue.  
The hearing was recorded. I wonder if the judges will listen to the tape before deciding whether to reverse the decision or not.  
 
The appeal is tomorrow. I will let all know what turns out. 
Thanks again for the input.

Hi Ivette, 
 
How were you doing on the ticket appealing yesterday? I just want to know if there is still righteousness in the NYC traffic court system. Thank you. 
 
 
 
Sean

Hi everyone. 
 
This is a very interesting thread, and very helpful. 
 
I hope someone will help me with my issue. 
 
My daughter was stopped driving on Taconic Parkway. Because the officer did not find any reason to fine her then he said that my daughter stopped on the highway endangering the traffic. This is ridiculous because the officer stopped her.  
 
A ticket was issued, and my daughter sent it to the court with a plea "Not guilty". 
 
The trial is on November. 
 
My question is: May I go to the court to represent my daughter without her presence (she is a student and resides in another state), and if so what I have to present to the judge - some letter from my daughter stated that she is not able to go, some waiver, etc. 
 
Any input will be appreciated. 
 

I believed that Larry is the only person who qualifies to answer it. I think, this is a difficult one, because it will be your words against the officer's words. If you do not have solid evidence to proof that he stopped your daughter, it is totally upto the judge decision(who to believe). Good luck.

Thank you Sean. 
 
I know that a layer can represent someone before the court in this matter (parking ticket), which is not a cost effective. It will be cheaper to pay the fine for the ticket than the layer’s fees. I was just wondering what kind of document I have to show to the judge to prove that I’m legally representing my daughter. 
 
If someone can help with an advice please do. 
 

Hi Jay, 
Wow. I have been down the same road with my children. I suggest you contact a lawyer who is licensed to practice in New York, and specializes in fighting traffic tickets. I have a colleague who is terrific, if you wish to give him a call. 
 
His contact information is listed on our website, as follows: 
Matthew J. Weiss, Esquire 
Weiss & Associates, PC 419 Park Avenue South 
Second Floor 
New York, N.Y. 10016 
212-683-7373 X12 
 
I am a practicing NJ attorney, with 33 years experience. If this were NJ, I'd tell you that: 
Unless you are an attorney, you are not permitted to represent your daughter in court; and 
A judge will postpone your daughter's hearing until she can return home on a college vacation. 
I'm not sure how NY courts work out the logistics. Matt will know. 
 
Good luck, Dad. By the way, I am scheduled to appear in a NJ municipal court on behalf of my son, tomorrow. Wish me luck, I'll need it.

Of course it is a "lawyer" 
 
Sorry for the typo :)

Thank you Larry. 
 
I know that you cannot beat the system. I just wanted to see what the officer would say about the “violation”.  
 
That road (Taconic) is a huge trap, no wonder not too many people drive there. 
 
The towns around that road live on the cash flow coming from the traffic tickets. 
 
Good luck on the hearing tomorrow, and best wishes. 
 

Jay, 
I hear you. My concern is that the ticket carries points and may have an impact on insurance premiums. You may wish to check out whether you have any options, that are cost effective.  
 
Matt limits his practice to making traffic tickets easy. I'm sure he will offer some recommendations. Let me know how you make out.

Sean, 
 
Thank you for your input. It is very thoughtful of you to participate in the conversation. Nice to see you care!

Thank you Larry. 
 
Good luck again. 
 

Jay, 
 
I remember when I was in college(17 years ago), I got a red light ticket. Because my college was in far east Long Island, I could not make the hearing appointment in the city, and I had postpone the hearing a few times(I forgot how many time). Until I finished the semester(almost a year). I finally made it to the hearing, lucky me that the officer did not bring his copy of the ticket. The judge dismissed the ticket because of that. You may give this a try, but there is no guarantee. Ok..

Thank you Sean, 
 
I will give it a try.

Hi everyone, I am waiting for the decission on the appeal. I sort of did not read the letter and ended up in Queens, the building where the original hearing was held. I made a few calls to the city to see if they would still hear my appeal, even if I did not make it on the scheduled time and they said to come down anyway. I am pleasantly surprised that the appeal was not denied, even though it was supposed to be requested within 10 days from the date of a letter of denial for a waiver of the fine. I thought they would try and get the appeal out of the way by sticking to the 10 day restriction. I also was surprised that they did not hold it against me to not show at the scheduled time and allowed for my appeal to be held in spite of the mess up. 
I was not happy with my presentation, I thought about other things to say after it was over, but I was afraid to anger the judges by introducing things that were not in the original hearing. Later, I realized that perhaps saying things not mentioned or clarified at the original hearing won't qualify as new evidence. Is that correct? New evidence applies to concrete items and not statements? I hate when they ask"is there anything else you want to say?" because it feels like it is some code for "you need to mention something and we can't tell you what it is..."  
we'll see what they decide. 
Thanks for the input.

Wow! These guys are great! Their web site was very informative and helpful and when I clled them they took my call and provided more specific info to help me try and beat this ticket! What a service! Thanks, 
 
Sebastian

In Lower Manhatten, I received a ticket for standing in a no standing zone. I was not standing. I was parked in the curbside parking space. Parking is allowed there. I plead not guilty and they had a kangaroo hearing without me to defend myself. They upheld the ticket. A case it would seem, of guilty until proven innocent. In this counrty, we are supposed to be innocent until proven guilty. I live in Connectcut. My car is registered in Connecticut. I hold a Connecticut Drivers liscence. What can they do to me if I refuse to pay this ticket? WIll Connecticut cooperate with New York, and suspend my drivers liscence? Will late fees add up for not paying the ticket? Will Connecticut issue a warrant for my arrest? I really do not want to pay. As I said, parking was allowed there. There were cars parked in front of, and in back of me. I was the only one to get a ticket.

Rick, 
 
Just my 2 cents, did you see the cars in front and back of you have some sort of parking permit on the dashboard? or take photos of signs that says "Parking is allowed over there" send them to the court with Not Guilty plead.  
 
DO NOT IGNORE the ticket, or you will end up with your car being seized and having your license suspended until you pay the fine plus interest and penality. They will get you no matter where you live, especially in the tri-state area (NY, NJ, CT) Good luck. 
 
 
 
Always, wait for Larry's recommendation. He knows better this matter.

Rick, 
Thanks for visiting our website and taking the time to post your valuable comment. I reviewed the form you submitted, and will call you tomorrow to discuss your options. 
 

Sean, 
I'd pay a lot more than 2 cents for your thoughtful advice. I agree with you about not ignoring a NYC parking ticket, especially if you reside in Connecticut. It will come back to bite you! 
 
Ask the driving public from PA, who ignored NYC parking tickets.

I got a ticket for parking in a non standing zone. I was dropping off my wife and my kid at the post office. As i live in upstate NY, I was thinking about pleading not guilty and request a hearing. However we are moving out of the US and will be selling the car in a few months. What do you suggest i do? Hope that the hearing happens after i sold my car so i'll be off the hook? 
 
thanks

Hey Al, 
Happy Holiday. Thanks for stopping by on your way out of the USA. Where are you headed? 
 
Stopping temporarily to discharge a passenger is a defense to stopping or standing in a no standing zone. You can drop and run; but you can't drop and wait for your passenger to return to your vehicle. 
 
You are not out of the woods by selling your car. Johnny Law will come looking for you if you allow you parking ticket to lapse into judgment. If you plan on returning to the USA, I recommend you either fight your parking ticket by mail; or apply for a reduced fine. 
 
Good luck.

I have a quick question. My situation is quite similar to that of Ivette above - I pulled into a bus stop in front of our building to drop off my daughter, and a policeman promptly came up, scanned my registration sticker and issued me a summons for no standing. [At the same time a bus did pull in up but there was plenty enough room for it to discharge passengers, because it's a very long bus stop and I was at the back end of it.] Also, the police officer never asked me for my name or license, and on the summons it says "Name of operator if present" and it is blank. I'd think that would be enough to dismiss the ticket . . . but how can I prove I was there? I am sure the police officer would stipulate that I was in the car, but apparently he will not be there if I show up in person to plead not guilty. Thanks!

Jason, 
Happy holiday. We left the web site lights on. Glad you stopped by. 
Here's the scoop on a missing name of operator....99% of the NYC parking ticket hearing officials will not dismiss a parking ticket for an omitted name of operator, if present. 
 
My kind of educated guess is that there is a conflict between VTL 238 and 19 RCNY 39-02. The former requires the name of operator, if present to be inserted; while the later does not. VTL is State laws. RCNY is NYC rules. 
 
In addition, our experience has been that the hearing officials circumvent this conflict by holding that your testimony about being present when the parking ticket is issued is not persuasive. 
 
Sorry 'bout that.  
 
Why not fight the parking ticket on the basis of the exception, which is you stopped temporarily to drop off a passenger and did not block a bus entering or leaving the bus stop zone? 
 
Good luck!

Thanks so much for your quick reply, Larry! That's very helpful. I'm pretty sure it's the NYC law; I will do what you suggest. My only other questions are (1) Is it better to go into the office at John St. (very near my office so very convenient) or do it by mail? (2) Should I just bring in (or mail in) my statement and diagram - maybe with a photo of the bus stop - or would it be significantly better to prepare an affidavit? (3) Should I get a brief written & signed statement from the doorman, who watched the event in amazament? I don't want to hassle him with getting anything notarized but he'd probably be willing to sign a statement if it's likely to help. 
 
 
 
Also, if you guys would be willing (and if you think it would simplify my life a bit), I'd be happy to use your services for the 45% fee; it's more a matter of principle for me, because I made it a point to back up as far as I could to make room for the bus but STILL got a ticket.  
 
 
 
Thanks again!! 
 
Jason

Jason, 
Welcome back. We are happy to help you. You may wish to complete one of website forms, and we'll call ya.  
 
When you're right-FIGHT! We'd do our best to show you how to win. 
 
Looking forward to speaking with you over the weekend, or Monday. 
Happy, healthy New Year! 

Thanks, Larry - will do! I've gotten a couple summonses before and I've simply paid them, because I felt they were at least somewhat justified. I know the city needs the $$ but this one was just a bit much. There's no big rush 'cause I just got the summons on Tuesday.  
 
 
 
Thanks, 
 
Jason

maybe a lawyer with time on his/her hands could help sue the city for abuse and violations of human rights and justice. i know the city needs money but two wrongs don't make a right. sounds like a lot of people could make this a class action and plenty of evidence could be collected. maybe then the city would finally stop this abuse.