NYC Parking Ticket: A "Blocking the Box" Solution

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NYC Parking Ticket: A "Blocking the Box" Solution

Posted by Larry Berezin on Wed, Aug 19, 2009 @ 09:40 AM

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The Horror of War

Colonel Walter E. Kurtz in Apocalypse Now, uttered these chilling words right before his death, "The horror...the horror." Was he referring to war, or the surrealistic drama that unfolds every day during rush hour at congested intersections across NYC; while parking ticket warriors enforce Code 9: Obstructing Traffic at an Intersection?

The Evil Box Blockers

Manhattan Borough President, Scott M. Stringer, sponsored a study of the evils created by the driving publics bad behavior of obstructing an intersection. They are:

Preventing the free, unobstructed flow of traffic
Clogging up NYC streets
Pollution
Noise
Danger to pedestrians

Who amongst the driving public doesn't agree that blocking the box causes these nasty problems?

The Study Recommends:

Increase the number of parking ticket warriors at busy intersections
Increase the amount of fines
Increase the number of tickets issued
Increase the blocking the box signs
Paint clear lines outlining the box
Educate the driving public

Who amongst the driving public doesn't agree that the first three recommendations were vigorously enacted, and relentlessly executed?

The NYC Parking Rule: 34 RCNY, Section 4-08(e)(12)

"When vehicular traffic is stopped on the opposite side of an intersection, no person shall drive a vehicle into such intersection, except for the purpose of making a turn, unless there is sufficient unobstructed space beyond the opposite side of the intersection to accommodate the vehicle in the lane in which the vehicle is being driven, notwithstanding the indication of a traffic control signal which would otherwise permit the vehicle to proceed"

My Recommendations:

According to the plain language of the NYC parking rule, the driving public can proceed through an intersection when traffic is moving on the opposite side of the box and not violate Code 9.
A better approach is when you are about to enter an intersection, make sure that traffic is moving on the opposite side of the box AND there is unobstructed space on the opposite side of the intersection to accommodate your vehicle. During the horror of rush hour traffic, it's next to impossible to stop your vehicle when traffic on the opposite side of the box is moving.
The NYC parking rule infers that the driving public is required to make an observation right before entering the box whether the traffic is moving on the opposite side of the intersection. This is the tipping point.

Educating the Driving Public

Here's a quote from the President's Study:

"...We need a renewed education campaign to remind drivers to avoid blocking intersections, especially during television traffic newscasts in the morning and on the radio during peak driving times. Drivers should also be made well aware of the penalties associated with block the box"

Commentary

Who amongst the driving public is not aware of the evils of blocking the box, and the $115 price tag that goes with the NYC parking ticket? This is not the education we need. Show us how to navigate through a busy intersection during rush hour with horns blaring and tempers flaring. How about spending a few bucks on an educational video?

Instead of having traffic reports reminding us that the sky is blue and the oceans of the world contain water; why not run an educational video demonstrating how the driving public is required to behave at a jammed intersection when the light turns green?

Let's end the bad behavior of parking ticket warriors in stopping a vehicle in the intersection to issue a parking ticket which promotes the evil the parking ticket is supposed to eliminate.

Let's show some recognition that the parking ticket warriors of NYC are following the directives of the powers to be. They have a nasty, stressful job. Direct your anger and energy instead at obtaining the evidence you need to beat the parking ticket.

We welcome the opportunity to post any instructional video created by the DOT, DOF or any NYC agency showing the driving public how to properly pass through the box during rush hour.

parking ticket, nyc parking law Please comment. It takes a City to solve this challenge. Your experience help all of us. What's your solution?

Tags: Code 9: Obstructing an intersection, blocking the box

Comments

i recived a ticket for parking violation -09- obstructing traffic at intersection, but he only wrote my first name on the ticket and not my last, will the ticket be dissmised because of this.

Posted @ Saturday, September 05, 2009 9:40 PM by ari

Ari,

Thanks for visiting our website and posting a comment. Unfortunately, your name is not a required element on a NYC parking ticket. It's not grounds for an automatic dismissal.

Posted @ Sunday, September 06, 2009 5:16 PM by Larry Berezin

thanks for your reply, im quite suprised since on the ticket it says name of operator if present and since i was pulled over and present i would expect he would have to put my name on it.

i was given the ticket near the holland tunnel there was a lot of congestion and traffic was moving slowly. when the light turned green i had no choice but to move ahead due to the heavy congestion i and many other cars were tickted.

any advice?

Posted @ Sunday, September 06, 2009 8:38 PM by ari

Ari,

Nice speaking with you. Let's finish our first conversation about required elements that must be inserted on a parking summons. You are absolutely correct that a parking ticket has a space for the name of the operator, if present. Unfortunately, the name of the operator is not considered a required element.

A parking violation is a charge against the owner of a vehicle, as well as the operator. If the parking ticket warrior fails to elicit the name of the operator at the time of the violation, then it eliminates the ability to proceed against the operator; but, the owner of the vehicle is still a defendant.

Ch.39 Title 19 Section 39-02(a)of the RNYC, lists the required elements, which if not inserted on the parking summons mandates an automatic dismissal. Name of operator is not included

The real purpose for inserting the name of the operator is to establish that the parking summons was served upon the operator; which is proper service on the owner, as well. It is confusing.

Think of the parking summons as the sworn testimony of the parking ticket warrior. In order to establish the violation charged, there are certain required elements that must be proven. It's like a prosecutor in a criminal case has to establish a prima facie case against a defendant, to withstand a motion to dismiss at the end of the prosecutor's case.

For example, date, time & location of violation, make, model of your vehicle, expiration date of your registration, correct license plate number, description of the violation, with reference to the rule (generally reference to 4-08). If any of these elements are missing, you win.

I feel very strongly about the improper manner in which blocking the box is enforced by the parking ticket warriors. You may wish to take a couple of minutes and view my other posts on Larry's Blog, and my video. I explain the meaning of the rule; and offer suggestions about how to avoid a parking ticket for VC.9.

Thanks, Ari.

Posted @ Monday, September 07, 2009 9:03 AM by Larry Berezin

Julian,

If your vehicle is registered in NY, the expiration date of your registration is a required element. If omitted, YOU WIN.

It's a little more difficult for out-of-state vehicles, where the registration is not required to be posted on the windshield (available for scanning). If the box on the ticket is empty, YOU WIN. If the box has a notation, such as; N/A or N/S, many judges will not dismiss your parking ticket.

I hope this is helpful.

Posted @ Thursday, September 10, 2009 9:12 PM by Larry Berezin

Ari,

Is there any useful suggested written defense to submit with blocking the box ticket?

Thank-you.

Posted @ Monday, September 14, 2009 7:36 PM by ssy

Ari,

Most parking ticket "fighters" offer cookie cutter solutions, i.e. one form fits all. It doesn't work.

When I prepare a defense for a customer, each affidavit is customized to highlight the facts that will persuade a hearing officer that my customer is right.

I always start with a brief statement of the law. You demonstrate that you've done your homework and kinda know what you're talking about. Next you have to formulate a concise, objective and persuasive rendition of your story. Do not state conclusions. People prefer to reach conclusions on their own. Always ask, why should the hearing officer believe me, instead of the parking ticket warrior? Does my story make "common sense?"

I am working on a set of forms that will provide our customers with a format and helpful hints that work. I hope to have them ready in about 1-2 months. Regardless of the format, the "story" belongs to you. It is the story, appropriately stated that wins cases.

Good luck, Ari. Always nice to hear from you.

Posted @ Monday, September 14, 2009 8:30 PM by Larry Berezin

Is there any leniency for out of state drivers and those stumbled into their trap with out a clue?

Posted @ Wednesday, September 23, 2009 1:09 PM by Kim

I had just flown in to JFK rented a car was driving to Newark airport and was following my GPS. It took me right through Manhattan. I was in horrible rush hour traffic in line to the Holland tunnel when I got ambushed. I had no idea about the Box. Is ignorance anyway out of the ticket?

Posted @ Wednesday, September 23, 2009 1:18 PM by kim

Kim,

I am truly sorry to report that there is no leniency for out-of-towners. On behalf of the NYC driving public, welcome to the mean streets of NYC.

I suggest you check the front of your parking ticket for mistakes. If none, did you enter the intersection with traffic moving on the opposite side? Or, traffic stopped, but sufficient unobstructed space for your car on the opposite side of the box, in your lane of travel?

If so, you may wish to fight your parking ticket. Let me know if I can help.

Thanks for stopping by and sharing your experience. Your comment means a lot to us.

Posted @ Wednesday, September 23, 2009 7:52 PM by lawrence berezin

when the light turned green, there was no room for me to cross the intersection, so I waited till I saw the traffic move so I entered the intersection but the traffic stopped and there was not enough room for me to clear the box. The ticket says that I entered with out the appropriate space available for my vehicle. I am sure its my word verse theirs. Do you believe there is any merit in choosing to have a hearing over the Internet. I am feeling that I am out 115.00. Thanks for your help. Kim

Posted @ Thursday, September 24, 2009 12:38 AM by kim yarbrough

Kim,
Your driving behavior was absolutely correct. The light turned green, and you waited for the traffic to begin moving on the opposite side of the box.

None of us have a crystal ball to predict the flow of traffic after we properly enter the box. I strongly believe when your right, FIGHT. Since the DOF doesn't offer a reduction for VC 9 violations, why not take your best shot?

Please do not dispute this ticket on-line. You get a tiny box in which to tell your story; and your testimony is NOT sworn. The hearing officers discount statements that are not sworn.

I suggest you prepare your statement and have it notarized. I would be happy to review it prior to submission, at no charge to you.

Good luck. Let me know how you make out.

Posted @ Thursday, September 24, 2009 6:33 AM by lawrence berezin

I got a Title 34 RCNY §4-08(e)(12)ticket. However, 1) I waited for the car in front of me to completely cross the intersection before I started to cross the intersection myself 2) The traffic agent came out and physically got in front of my car to stop me before all traffic has stopped ahead of me. 3) I got through the entire intersection - except rear bumper was over the crosswalk line before this happened.

I am planning to cite official Title 34 RCNY §4-08(e)(12) rule verbatim, explain as above -- including that the traffic was MOVING on other side when I initiated my crossing, and I will have it notarized.

Any suggestions for appeal?

Posted @ Tuesday, October 06, 2009 9:20 PM by innocent

Innocent,
I applaud you for fighting when you are right. You have a great handle on how to proceed. I would suggest:
1. Explain how the traffic was moving, and the color of the light when the warrior physically walked in front of your car, which prevented you from passing safely through the intersection.

Any witnesses? If so, a notarized witness statement is always a good idea.

Please let us know the outcome.

Good luck.

Posted @ Thursday, October 08, 2009 11:02 AM by Larry Berezin

I just got a ticket for blocking the intersection when i had to stop because people were crossing the street. There was enough space in front of me for my car to move up and not block the intersection.

I explained this to the officer and she said that "i should not have waited because the people are not going to pay my ticket"

i really do not feel that i am wrong i just dont know how to explain this in the right way so i can be found not guilty.

thanks for all your help!

Posted @ Tuesday, October 20, 2009 12:47 PM by Danna

Danna,

Thanks for visiting our website and sharing you parking ticket experience. I have posted a number of articles on how to fight a parking ticket for blocking the box and win. You may wish to check out the info in the posts.

The comment by the parking ticket warrior is disrespectful and unwarranted. Shame on her!

Essentially, a determination of guilt or innocence is made when the light turns green, not red. You are permitted to enter the intersection on a green light if:
traffic is moving on the opposite side of the intersection; or, when traffic is stopped, you can still enter the box if there is sufficient space for your vehicle to fit in your lane of travel on the opposite side of the intersection.

If you are right, FIGHT! Please be advised, there is no reduced fine for blocking the box.

Posted @ Tuesday, October 20, 2009 5:39 PM by Larry Berezin

I was given a ticket for "OBSTRUCTING TRAFFIC AT INTERSECTION (e) (12)" AKA VC09 blocking the box. I was driving through intersection traffic was moving, light was green (and stayed green as officer approached my window) the car infront of me abruptly (and illegally) pulled to the side and double parked blocking my way through...THIS DRIVER DID NOT RECIEVE A TICKET!!!! However, I did because I was 'blocking the box' which is apparently a greater offense. The ticket was given to me August 5th 2009. Any idea on what to do?

Posted @ Thursday, October 22, 2009 5:38 PM by Ashlee

Ashlee,

Thanks so much for sharing your parking ticket experience. You were caught in an intersection fundraiser. Bad behavior of parking ticket warriors! Shame on them.

There are no reductions for VC 9. I urge our friends and customers to fight when they are right...And, you are right.

Please check out my blog posts, a and videos Tell your story in an affidavit. Let me know if I can help.

Posted @ Thursday, October 22, 2009 9:02 PM by Larry Berezin

Hello,

What if I'm out of state and the Expiration date on my ticket was written WRONG? Will this automatically makes my ticket invalid? If yes, what should I write in my pleading not guilty letter? Thank you in advance. So here's my story.

I rec'd this violation while visiting NYC for the first time as a tourist. I was SHOCKED needless to say to receive this ticket while I was off the box well except for the 4 inches of the back of my car. There were 4-5 ticket agents hanging out at the corner flagging previous cars to move out, and flagging other cars to cut infront of me, and walking infront of my car ... thus, effectively caused me to get stuck at the intersection longer than I had intended. Although I was clearly outside the box, I still got ticketed and so was 3 other cars behind me. She told me that it didn't matter because a tiny part of my car was still in the way but if I had moved up further I would hit another ticket agent who was standing right infront of me writing up another ticket to previous cars. I even pointed out to her and she told me to use my horn.

I had never witnessed such predatory and rude practice until I drove in the city for the first time ... it was like all these traffic officials were there to get you. She even told me that because I was out of state she decided to give me a "no-point" parking ticket. She told me she felt sorry so she waived the 2-3 points that were supposedly come with the blocking the box ticket and all I had to pay was $115 fine no point. How nice of her :)

These ticket agents were like hunter that morning ... they were all over at pretty much all the intersections... I thought there were some major accidents going on or something because so many "police officers" were out and about ...SIGHS! Alas, they were just vultures waiting to suck us dry w/ these VC9 violation. Needless to say, my experience w/ NYC was marred due to this blantant injustice.

Posted @ Friday, October 23, 2009 2:21 AM by Dan

Dan,

I hear you. I am on a mini-crusade to educate the driving public on how to fight a parking ticket for blocking the box, when they are right.

You are part of a growing community that is shouting about this injustice. Thanks so much for joining the conversation

Posted @ Saturday, October 24, 2009 2:36 PM by Larry Berezin

Hi Larry,

I was issued a blocking the box ticket today, which falsely states that the: "agent observed vehicle enter the intersection while vehicular traffic was stopped on opposite side of intersection without sufficient unobstructed space on opposite side of intersection to accommodate vehicle. Vehicle operator displayed no indication of intent to make a turn, nor did vehicle make a turn. No emergency conditions necessitating entry into intersection were present."

The truth was that I was moving with the flow of traffic, on a green light, which stopped right as my car reached the pedestrian crosswalk. I could not go into the parking lane because people were moving in-front of me, blocking the way. My car stood there for the time it took the "warrior" to walk over from his corner and scan my registration. After that, it cleared up (by the way, I only blocked the opposing parking lane of the intersection and no traffic was moving along 3rd ave.) and he told me to pull over to the corner while he finished writing the ticket. Twenty seconds at most.

I have the date and time of the alleged offense, and will go back and video record the intersection at that time, 3:03 pm., to show the movement of traffic and the amount of pedestrians at this busy intersection, 39th and third. I will also ask any stores with cameras if they caught the incident on tape. I can contradict his statement that no attempt was made to make a turn, and hope he doesn't show up in court to counter. (Unless that means a turn onto 39th, but his statement is not clear.) Can I win based on that evidence? Is that enough to be one of those three people to fight this madness?!

Posted @ Friday, October 30, 2009 9:11 PM by Andre,

I received a erroneous summons for obstructing traffic at intersection (e)(12)on 9-16-09. The agent who dashed in front of my car scanned my vehicle information so I received a ticket in the mail but claims I drove off, so thereby there is no name of driver or experation date of the vehicle. When I fight this can the no exp date be grounds for dismissal?

Posted @ Monday, November 02, 2009 11:30 AM by Brian

Again...its the same story. The light turns green and the traffic is moving...but of course you have the cab drivers who cuts you off, people crossing the street, and then cops standing in the clear lane to block you from getting out of the intersection, but moves when the light changes so they can pull you over to give you a ticket. There are always 6 cops at each corner at the end of the month. I just got a ticket on 10/30/09 and I live on the block so I know how traffic flow is and construction and I know when to go into an intersection. I only went because there was clear lane. Of course the cops let people cross the street when cars are not moving, but they are also standing in the street in groups to cause more traffic. Its not right. I cursed the cop out because its a bogus ticket and he didnt say anything bc he also knew it was bogus. He didnt ask me for license for registration and wrote on the ticket that I refused to give name when he never asked me for it. Cops know people rather pay the $115 then go to court to fight, bc then you will need to lose a day of work and sit in court for hours for a battle you wont win!! Something has to get done about this. I cant afford to pay at the end of each month along with broken meter tickets, parking too close to a meter when I measured its more than 15 ft, parking on a sunday when it was legal and they gave me a ticket anyway. The NYPD are just writing tickets to make more overtime and hurting the residents of NYC.

Posted @ Monday, November 02, 2009 12:35 PM by Kim

Andre,
I feel your frustration. The blocking the box fundraiser is, as you say, "madness." The tipping point occurs when the traffic light turns green; where your vehicle ends up when the signal turns red is absolutely, positively, IRRELEVANT.

When you are waiting at the intersection for the traffic light to turn green, or when you arrive at the intersection and the light is already green; you are not guilty of blocking the box if:
1. The traffic is moving on the opposite side of the intersection; or,
2. The traffic is stopped on the opposite side of the intersection, but there is sufficient space in your lane of travel to accommodate your vehicle outside the opposite side of the box.

The NYC driving public does not have a crystal ball. You cannot predict what may happen while you are traveling through the box. Vehicles previously stopped may cut you off re-entering the box; vehicles change lanes; vehicles come into your lane for all sorts of reasons that are outside your control.

Unfortunately, blocking the box is not being enforced the way it is written. I heartily recommend that you fight when you are right. If you entered the intersection under the conditions I previously described, you are NOT GUILTY.

If you choose to fight your parking ticket, here are some suggestions:
1. Do not participate in an on-line hearing. You will lose.
2. I recommend presenting your evidence by affidavit, by mail.
3. Witness statements are great
4. Leave out the emotions, or any rants. You will lose
5. Focus on your driving behavior when you entered the intersection on a green light, and the flow of traffic on the opposite side of the box
6. Describe in detail the movement of traffic and the reason why you failed to make it through the intersection
7. Take a deep breath before you begin writing your defense affidavit, and be respectful
8. It's difficult to win without supporting evidence; but it can really happen
9. Be persuasive. Lead the hearing official to make a decision in your favor; do not tell him what to do
10.End with a call to action, such as; Under these circumstances, I respectfully request Your Honor dismiss my parking ticket.

I apologize for the delay in responding to your excellent comment. I just returned from a family vacation.

Posted @ Friday, November 06, 2009 8:09 PM by Larry Berezin

I was going to request a hearing online to fight my ticket. Can you tell me why this is a bad idea? I'm also wondering if you think my circumstances warrant pleading not guilty. I was the second car waiting at the red light. When it turned green, the car in front of me moved forward and there was plenty of room for both of us to go. As soon as the car in front of me made it to the other side, he stopped and allowed two different vehicles to merge in front of him. The light changed and I was still behind him, in the intersection. I watched as the cop filled out the ticket, then he gestured me to the curb. I rolled down the window, he gave me the ticket, and I attempted to ask him if he had seen the circumstances. He walked away from me mid sentence. Is this worth a fight? $115 is a lot of money to some people. I am out of state, and the ticket says refused name (he never spoke to me). Thanks.

Posted @ Monday, November 09, 2009 3:18 PM by Christina

Christina,
Thank you for taking your valuable time to post you comment and share your driving experience. It is a harsh welcome to NYC. I do not recommend you fighting a parking ticket online. Here's why:
1. Your parking ticket is a sworn statement by the parking ticket warrior
2. Your online defense is NOT a sworn statement
3. Hearing officials will accord greater weight to a sworn statement vs. an unsworn statement; especially when it's your word against the warrior's word
4. You are not permitted to submit any photographs or other documentary proof, such as a witness statement

In many of the more complicated cases, you must submit an affidavit to have any chance of success. We have been very successful fighting our client's parking violations by mail. It is not necessary in your case to make a personal appearance.

We have slightly changed how I will respond to comments on Larry's Blog. Please see our blog post explaining the change.

http://www.newyorkparkingticket.com/Blog/bid/28058/Larry-s-Blog-A-Change-in-how-I-Respond-to-your-Comments

If you'd like to discuss how to proceed with your case, please take a moment to submit a form. You can find the forms on most pages of our website. I will be happy to call you within 24 hours.

Good luck!

Posted @ Monday, November 09, 2009 4:01 PM by lawrence berezin

Hello,

Hello,

I got a ticket for obstructing traffic at intersection (e) (12). The fine amount is 115$. I know that sometimes if you fight this ticket online by pleading "not guilty", they would give automatically a reduced fine if you accept to pay right away.

Here is my questions:

- Is there a good change that they reduced the fine?

- What are the risk to fight the ticket online? Can they increase the fine?

Thanks in advance.

Wally

Posted @ Tuesday, November 24, 2009 2:00 PM by Wally

Wally,
Great questions.
1. I'm sorry to advise that there is no fine reduction offered for a "blocking the box" violation. The powers to be believe that by making the violation a parking ticket with no points is reward enough.

2. Never, ever, never fight a parking ticket online when it is your word vs. the word of a parking ticket warrior. Remember, the parking ticket is considered a sworn affidavit. Your online testimony is NOT a sworn statement.

3.The good news is that your fine cannot be increased.

When you are RIGHT-FIGHT

Thank you for visiting our Web site. Sharing your parking ticket experiences help all of us.

Posted @ Wednesday, November 25, 2009 7:29 PM by Larry Berezin

I want to report that, I got a letter today indicating NOT GUILTY...part of the letter read...

"..Due Process defect - misdescription of vehicle's registration plate number - warrants dismissal of summons as it fails to comply with Vehicle and Traffic Law 238. Dismissal is not on the merits of the case presentd."

I reported on this blog that I got the ticket around early October, 2009 and my license plate was incorrectly written on the ticket, one letter was mis-entered, something like instead of an 'F' a T was entered.

I pleaded not guilty and sent in the ticket, copy of the ticket, copy of my registration & pictures of my front & rear lisence plates and a one page reason why the ticket shld be dismissed.

Case dismissed.

Posted @ Saturday, November 28, 2009 2:21 PM by Chris

Hi Larry,

Similar story as others, except I've already gone in person to protest. Didn't receive a fair hearing and judge simply didn't find my story "credible", despite it being 100% true. (Parking warrior said I refused my name, I was never asked, and judge said my statement was not credible.)

I've already spent hours on this but I'm not willing to pay yet since it was so outrageous and wrong. (Parking warrior stood in front of my car, blocking my way forward, despite there being room in my lane to exit the intersection.) I am going to appeal the judgment and need to write my reason for wanting a hearing before the appeals judge. Do you have any advice for how to do this? My original, truthful argument didn't work the first time -- that there was enough room to move out of the intersection had the officer not stood in my way -- so am I now supposed to fabricate something? I wouldn't be spending so much time on this but on principle, I don't want to pay a ticket that was wrongly given. Also, the intersection (Astoria Blvd and 31st Street in Queens) is strange and designed for problems. Would it help to point this out?

Will you take on my case?

Posted @ Saturday, November 28, 2009 9:21 PM by Sarah

I totally understand the frastration from Sarah, and many other drivers. I posted my story last night: my car was the first car waiting for the light, there was no traffic on the opposite box. the traffic agent stopped my car without saying anything, but went to ticketing the cars behind me, then came back to ticket me. I think we should all united to fight with City's illegal action committed by NYC traffic agents. Going to the court individually will not stop Traffic Agents wrong-doing! what do you think, Larry?

Posted @ Sunday, November 29, 2009 10:42 AM by Kathy

Chris,
Hey, that is terrific. You did your home work about how to fight an omitted, misdescribed or illegible required element; and submitted the proper evidence, properly. It works! Nicely done!

You've shared a great lesson for all of us. It means a lot to me to hear back from you.

Posted @ Tuesday, December 01, 2009 9:50 PM by Larry Berezin

Kathy,
I posted my reply to your original post. Leaders should lead, and you are a natural. It's a great idea.

I'm happy to discuss strategy, if you'd like to give me a call.

Good luck!

Posted @ Tuesday, December 01, 2009 10:07 PM by Larry Berezin

Sarah,
I'm truly sorry that the truth did not work. But, you did fight when you're right. I admire your passion for battling against an injustice.

Appeals are very difficult to win because you can only argue about the evidence you submitted at your original hearing. You get two bites, but it's the same apple. You must demonstrate that the original hearing official made a mistake. When the hearing official finds your story "unpersuasive," it is a very difficult burden to overcome.

I will share your comment, as well as all the other comments, about some ugly enforcement tactics for VC 9 with Council person Simcha Felder in the hope to focus some attention on this bad behavior and right this wrong.

Posted @ Tuesday, December 01, 2009 10:10 PM by Larry Berezin

I know you said that a name is not required on the ticket, but if the officer put an incorrect name is there any chance the ticket can be dismissed? They wrote irene instead of Eileen.

Posted @ Wednesday, December 02, 2009 8:55 AM by Eileen

Eileen,
Thank you for your excellent question about whether or not the name of the operator of a vehicle is required to be inserted on a NYC parking ticket. Here it goes...

According to the Vehicle & Traffic Law ("VTL") Section 238, the name of the operator of a vehicle must be inserted in a parking ticket, if the operator is present in the vehicle when the summons is issued. If the operator refuses to give her/his name, that fact must be noted on the summons. Further, Section 238 makes it clear that failure to insert the name of the operator under the circumstances described above requires a dismissal of your parking ticket.

So, why is there confusion?

There is a conflict between:
VTL Section 238(NY State law) and
19 RNYC 39-02(NYC law)

The RNYC requires the name of the operator be inserted on the parking ticket under the foregoing circumstances; but, does not mandate a dismissal for failure to insert the name on the parking ticket.

It has been our experience that NYC parking ticket hearing officials generally do NOT dismiss parking tickets for this omission.

In my humble opinion, the wrong name is akin to no name.

I am going to write a blog post and elaborate on this important and confusing issue.

Posted @ Wednesday, December 02, 2009 9:11 PM by Larry Berezin

I got a ticket at the holland tunnel making a left from varick street onto canal street. Flow seemed to be moving. I even saw traffic cops who I thought were directing traffic (but later found out they were just giving tickets). When I made the left I was blocking the crosswalk and was told to move the car to the side - upon which I was given a ticket.

Any advice / templates I can use to mail my hearing in?

Posted @ Wednesday, December 09, 2009 11:52 AM by Mehul

Like so many others---I was nailed while driving towards the Holland Tunnel. Pouring rainstorm, traffic HALTED and my rear got stuck in box. Although I am furious---is it true that there are no points awarded for this?

Posted @ Wednesday, December 09, 2009 7:05 PM by Erica

ERICA,
Please excuse the delay in responding to your excellent question. Blocking the Box is one of those nightmarish tickets that stings all of us.

Blocking the Box has dual status. It can be a parking ticket with 0 points; or a moving violation with 2 points. 99-100 times, the ticket is issued as a parking ticket. Check the front of the ticket. If it reads, VC9, it is a parking ticket with no points attached.
The older "moving violation" is called spillover.

The reason for the change is:
1.Ticket pain increased to $115, with no reduction
2.Parking ticket warriors can issue a parking ticket for Blocking the Box. Making it a parking ticket adds 2200 additional fingers on the trigger.

There is no fine reduction offered for the parking ticket version; which is like, quid pro quo for losing the 2 points.

Please come back and visit us again.

Posted @ Wednesday, December 16, 2009 9:01 AM by Larry Berezin

Mehul,
Please excuse the delay in responding to your important question. New York Parking Ticket offers a Defense System for fighting a blocking the box parking ticket. I offer a consultation to answer your questions and help you plan your defense strategy, along with the forms and resources included in our defense package.

You may wish to visit our Website STORE to check out our product and service. I'm happy to help you.

Good luck!

Posted @ Wednesday, December 16, 2009 9:10 AM by Larry Berezin

I just recieved a no points block the box ticket this morning at the intersection 41st under the PABT bridge. I was at thecross walk on the other side and no cars were behind me, the only thing I was blocking was the parked cars on 41st not traffic itself. The issuer explained that if I plead guilty online it was a time saving effort and the fee would be reduced by half. He said to wait a few days and do it online. A is that true about the guilty reduction? B. If not do I have a chance in fighting it versus time effort aggravation of court?

Posted @ Wednesday, January 06, 2010 8:19 AM by Chris Daleo

Hey Chris,
There is no Easter Bunny, Santa Clause, or reduction of the $115 price tag on a VC9, "blocking the box" parking ticket.

Here's the scoop. When you are right-FIGHT! When the light is green and you enter an intersection if:
1. The traffic is moving on the opposite side of the box, you are NOT GUILTY
2. If the traffic is stopped beyond the opposite side cross walk and there is enough space for your car to fit in the lane you are traveling, you are NOT GUILTY.

All the other stuff is horse s____.
I'm an old guy, and the warrior's bad behavior makes me veryyyyy angry.

There is no reduction for a parking ticket for blocking the box. If you entered the intersection when the traffic was stopped and no space on the opposite side of the box; pay your fine. Otherwise, fight!

Posted @ Wednesday, January 06, 2010 8:47 PM by Larry Berezin

Can a ticket be dismissed if the first name they wrote on the ticket is totally wrong and the body type listed is listed as a 2door sedan, instead of a 4 door? Also the year says N/S

Thanks

Posted @ Monday, January 11, 2010 2:19 PM by Lori S

Lori,
Thanks for visiting our web site and sharing your comment. I'll answer your second question, first. Body type is a required element and must be answered correctly. 2D is not 4D so this is good luck Monday. You win!

Your first question is a little more controversial. If present, VTL238 requires a warrior to insert the name of the operator of the vehicle. However, RCNY 39-02 is not so clear. Most NYC hearing officials would rather cut off a body part than dismiss a NYC parking ticket for failure to insert the name of the operator.

My humble advice is to mention both, but be happy with the easy win.
Congratulations!

Posted @ Monday, January 11, 2010 3:37 PM by Larry Berezin

One more question. If I fight this ticket for wrong body type will I have to appear in court for this? Can I just send in a copy of my registration or will they make me show up? 35 weeks pregnant and just got put on bed rest. Wondering if I should just pay the ticket if it involves having to go to NYC to appear.

Thanks again.

Posted @ Monday, January 11, 2010 5:53 PM by Lori S

Lori,
When you're right-FIGHT. I recommend you stay calm, press softly on the keys of your computer, and quietly fight your parking ticket by mail.

Plead not guilty, sign the back of your parking ticket, include your registration, and staple it to your ticket. Send everything by certified mail, RRR to the DOF Adjudication Unit at the address on the back of the parking ticket.

I'd love to have a photo of your beautiful new baby.
Congratulations & good luck.

Posted @ Monday, January 11, 2010 6:17 PM by Larry Berezin

Thank You!!!

Posted @ Monday, January 11, 2010 9:37 PM by Lori S

Hello Larry,

Please advise and help.

I received an OBSTRUCTING TRAFFIC AT INTERSECTION (e) (12) VC 09 at the intersection of 73rd street and Broadway. In my case the minute the light turned green there was enough room on the other side and the car behind me was honked. So I moved ahead, but the car that was ahead of me had a pedestrian crossing in front of it so it stopped way far and resultant I was halfway in the intersection. The brownie walked over to me and told me to pull over as she was going to write me a ticket. I kept trying to explain her the scenario but she just wouldn’t listen. She never asked my name instead when she handed me the ticket it said refused name and a fine of $115. I did have another passenger in front seat with me who is ready to testify that events that happened, please advise me if I go for hearing over the Web what chances are that the ticket would be dismissed as I do not have any pictures to show but just a witness.

Posted @ Friday, January 22, 2010 9:06 AM by Suzan

Suzan
Thanks for stopping by and posting a very valuable comment. Your story, is one of many, many stories , about the bad behavior of some parking ticket warriors in enforcing "blocking the box" parking tickets.

When you're right_FIGHT is our mantra at New York Parking Ticket; and you did not violate VC 9 as written. This is a very difficult parking ticket to beat. I suggest your best chance of winning is for you to participate in an in-person hearing with your witness.

Under no circumstances, fight your parking ticket on-line. If a personal appearance is not feasible, than fight your ticket by mail, with affidavits from you and your witness.

Good luck.
Please let us know how you do.

Posted @ Tuesday, January 26, 2010 8:39 AM by Larry Berezin

Hi Larry,

Please advice.

Can an OBSTRUCTING TRAFFIC AT INTERSECTION (e) (12) VC 09 ticket be dismissed if the license plate number on the ticket is not correct.

Posted @ Wednesday, January 27, 2010 11:00 AM by Ajay

Holland Tunnel (ofcourse), about 8 ticket agents 'guarding' this intersection. I certainly knew what they were there for so I stopped at the green light. Now, turning vehicles are clogging up the the queue so I sit (as the law requires) while the light cycled 2 times. On the 3rd, I saw some movement on the other side and went for it. The cars suddenly stopped so I decided to make a left turn instead of getting raped for a weeks worth of my children's food money. The agent flagged me so I stopped. She scanned my registration and said you're blocking the box. I said "Can't you see I'm in the middle of a left turn to avoid this situation altogether?". She replied "I saw you sitting here for about a minute and smiled". She could even look me in the eye when she said that. I told her "You're blocking me from making my turn, excuse me so I can pass". She walked away saying that I'm still gonna get the ticket so I told her to mail it to me. Now my question, how could the city (in this economy), allow 8 ticket agents to stand at 1 intersection doing nothing for 3 light cycles and the extra "minute" I supposedly sat in the box? They could of just as easily been directing the cross flow of traffic so that I wouldnt have to sit there all that time, jump in when I see some movement on the other side and get ambushed by them. It just seems so unfair. I make over $115 bucks a day so I'm better off paying it, but it hurts. Time's arent only hard for the city's economy, us residents are suffering aswell.

Shame on those who use these tactics and shame on the city who cashes the checks.

Posted @ Saturday, February 13, 2010 10:22 PM by Jack

BTW: Would it be illegal to film the inactivity of several agents at one of those holland tunnel intersections and post it online? I mean i'm sure if no one blocked the intersection for 1 hour they would all still be standing there doing nothing. Wouldn't that kind of footage change these predatory tactics?

Posted @ Saturday, February 13, 2010 10:31 PM by Jack

Hi,

we were a group of 5 from Germany - just got our rented car (rented at Newark, but license plate from Florida) - driver never in the US before.

Traffic was like chewing-gum. At an intersection it was stop-and-go but slowly moving when we entered the box at green. When our line came to a stop, we happened to be just before the pedestrian crossing. The car before us moved forward a few yards, but since the pedestrians had green by now we did not want to block their crossing. Technically, I guess, we were in the box, but we did not obstruct cross traffic. Two officers at the side looked and nodded at each other, and then one wrote us a ticket.

Now we are back in Germany. Is there a chance to have the fine dismissed? For sure, we don't want the car rental company to come after us or the driver to be punished the next time he enters the US. It's been now 2 weeks since it happened. Has anyone an idea which does not involve costly notary fees, presentations in court etc.?

Thanks

Posted @ Tuesday, February 23, 2010 1:47 AM by Greg

Greg
I sincerely apologize for your absurd experience trying to navigate a NYC intersection and avoid a warriors beam of blocking the box $115 light.

At the moment, it is next to impossible to beat a parking ticket for VC 9: Obstructing traffic at the intersection. Here's why...The bad behavior or the parking ticket warriors is being upheld by the parking ticket Judges.

I am furious. I promise to work relentlessly to change the illegal tactics of the warriors; and the absurd collaboration of the Judges. I am mad as hell...

The big but is that by the time the system changes, you will incur a lot of penalties. It is with a heavy heart I recommend you pay the fine. Sorry. Truly sorry.

At the moment, there is a very slim, slight, next to no chance to beat this ticket. There is no reduction.

Posted @ Tuesday, February 23, 2010 10:39 PM by Larry Berezin

Hi Larry,

Just wanted to thank you for you help. I was able to receive a Not Guilty after proving that my PA Vehicle had its registration expiration displayed but N/A was listed on the ticket. I took your advice and did everything through mail including sending pictures.

Thanks again

Posted @ Monday, March 01, 2010 9:39 AM by Joe

Joe
You made my day! I am thrilled for you, and happy to help.

Park safely.

Posted @ Monday, March 01, 2010 9:52 AM by Larry Berezin

Hi Larry,

I just got a “blocking the box” ticket. The situation was that all the cars I could see at that time was moving when I entered the box, and the cars stopped when I was about to leave the box. Note that I cannot make a turn to leave the box since I was on the middle of the 3 lanes, and there were cars on both sides of my car. Unfortunately, I do not have witnesses or video to prove this. Who can take video of one's own driving all the time just for disputing “blocking the box” tickets? I would like to know my winning possibility if I present the above description to the judge. Please comment. Thanks.

Regards

Wang

Posted @ Sunday, March 07, 2010 7:16 PM by Wang

Wang
The intersections of NYC have become killing fields for $115 blocking the box, no reduction available, parking tickets. The warriors wait on the sidelines and open fire when the light turns red.

The rule clearly states that it is ok, fine and dandy to enter the box on a green light, if traffic is moving on the opposite side of the box; or, traffic is stopped on the opposite side of the box, but there is sufficient unobstructed space for your vehicle to pass through the box in your lane of travel.

That being said, many warriors are engaging in bad behavior when they ticket members of the NYC driving public without observing their actions when the light turns green. Shame on these warriors.

It is our experience that it is very, very difficult to win a fight against a warrior for blocking the box. Next to impossible with no witness. But, there is no fine reduction available, so why not give it a try. What do you have to lose?

Good luck.
Let us know your decision.

Posted @ Sunday, March 07, 2010 7:52 PM by Larry Berezin

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