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Would you Fight this NYC parking ticket or pay the parking fine?

Posted by Larry Berezin on Tue, Jan 24, 2012 @ 06:41 AM
 

The NYC parking ticket story NYC parking ticket

Joe purchased "Larry's Advice" seeking my help fighting his NYC parking ticket, and told me the following tale. Joe resides in Monroe, New York. He was invited to his nephew's wedding on Monday, January 23, 2012. The joyous festivities were scheduled to begin at 6:00 p.m. After finishing some business in NYC, Joe set out for his nephew's wedding in Brooklyn.

Joe was driving his car on Cortlandt Street in Manhattan, and executed a perfect turn onto Dey Street. However, Joe failed to realize that Dey Street was a one-way street in the opposite direction. Oh boy...

A NYC parking ticket warrior gets creative

The good news for Joe was he made it safely to the end of Cortlandt Street, and was about to make a turn onto Broadway. The bad news is a parking ticket warrior was posted at the corner. Oh boy...

We all know a parking ticket warrior is not empowered to issue a traffic ticket, so this warrior got creative...She issued a NYC parking ticket for parking in the wrong direction on a one-way street. Here's the rule:

"VC 61(m)(1): (m) Additional parking rules.
(1) Wrong way parking prohibited. Except where angle parking is authorized, every vehicle stopped, standing, or parked partly upon a roadway shall be so stopped, standing or parked parallel to the curb or edge of the roadway. On a one-way roadway such vehicle shall be facing in the direction of authorized traffic movement; on a two-way roadway such vehicle shall be facing in the direction of authorized traffic movement on that portion of the roadway on which the vehicle rests."

When you're right-Fight.

Should I recommend Joe fight his NYC parking ticket or apply for a reduced fine while they last? (settlement program ends on January 31, 2012). Or, is Joe lucky to get a parking ticket, not a traffic ticket with points? Should I advise Joe to apply for a fine reduction?

Would your opinion change if there was no parking fine reduction offered for this parking violation?

What advice can you offer me to help Joe fight his parking ticket and present the proper proof persuasively to a parking ticket judge?

Please share your wonderful thoughts and helpful advice in the comment section below.

parking fine

 

If Joe was issued a traffic ticket instead of a parking ticket, I would have referred Joe to my terrific colleague, Matthew Weiss, Esquire. Matt has devoted 20 years of his legal life to making traffic tickets easy for his clients. Simply click on the image below to find out more about Matt.

 

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If you found this article helpful, you may wish to share it with your friends. Simply click on the above social media buttons of your choice. Thanks, Larry

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Comments

This reminds me of a similar incident that happened to me when I first got my driver license. I was driving around with a couple of friends and made a wrong way turn onto a one-way street. Fortunately, no police or parking ticket warriors were around, so I got away with it.  
 
 
 
If I were in Joe's place, I would definitely fight the ticket. Although he is lucky that he got away without a traffic ticket, issuing a parking ticket for what is clearly a moving violation seems like grasping at straws on the part of the parking ticket warrior. Joe should admit to the ALJ that he accidentally turned onto a one-way street and traveled in the wrong direction until the next intersection. He should accompany his plea with a diagram of the streets, clearly indicating his vehicle's movement.  
 
There's no doubt about the fact that Joe violated a traffic law. However, he didn't violate any parking regulations. Again, the PTW overstepped her authority, and Joe shouldn't be held responsible for it.
Posted @ Tuesday, January 24, 2012 9:09 AM by Kirill
The fact that no one was hurt Joe should take a reduced fine. No points no foul.
Posted @ Tuesday, January 24, 2012 9:19 AM by Jose
Kirill, 
 
Wonderfully helpful advice from a wonderful friend. I agree! Thank you.
Posted @ Tuesday, January 24, 2012 9:19 AM by Larry Berezin
Jose, 
 
Good morning. 
Thanks so much for your valuable suggestion and perspective. I plan to offer to Joe as an option. 
 
Posted @ Tuesday, January 24, 2012 9:50 AM by Larry Berezin
I am appealing a fire hydrant parking ticket. The violations states that I was "6 ft from hydrant". Place of occurrence indicates " East/South Washington St 3 ft South of Horatio St. My grounds for the appeal is that the tow truck operator which issued the violation is contradicting himself because if I was parked 6 ft from the hydrant on either side I could not of been 3 ft south of Horatio St. If he can't place my car exactly at the location of the hydrant would that be grounds for dismisal of the violation?
Posted @ Tuesday, January 24, 2012 7:14 PM by Jack
Jack, 
 
Good morning. 
Great question about a painful parking ticket.  
 
"E/S" translates to East Side rather than East/South. 
 
The tipping point to beating this nasty epistle is...You must be able to prove either: 
 
1. You parked your car more than 15 feet from the fire hydrant, or; 
 
2. The place of occurrence entered on your parking ticket is wrong because there is no fire hydrant located within 15 feet of the location entered on your parking ticket.  
 
If you feel you may benefit from my personal look/see, that check out "Larry's Advice." It's almost free.  
 
I'm happy to help. Simply give me a call. 
 
Good luck, Jack.
Posted @ Wednesday, January 25, 2012 10:32 AM by Larry Berezin
I got a ticket on 11/21/11 on the lower east side for not having a receipt on the dashboard. I had gone inside to get change and when I came back to the car, the meter man had already starting writing the ticket. I tried to interrupt him but he would not stop. He actually told me to put the money in the meter machine right then and there. I did and he saw it.  
The receipt reads one minute after he wrote the ticket. He saw that.  
I sent this in as not guilty. (I heard recently that they now passed a 5 minute grace law on putting $ in the machine. 
 
I sent in the response (regular, not certified) within 30 days. No response, on the website, says ticket about to go to judgement. Does it take that long?  
 
I still have a copy of the ticket AND the stub, but not the back of the ticket.  
 
Suggestions?  
 
Posted @ Tuesday, January 31, 2012 1:25 PM by Dan
Dan, 
 
Good afternoon. 
The DOF says it takes approximately 75 days to receive a decision on a parking ticket you fight by mail. 
 
Does the DOF website say, "Hearing Pending?" 
 
Looking forward to your reply. 
Posted @ Tuesday, January 31, 2012 2:17 PM by Larry Berezin
I received a ticket for going to wrong way on a one way street in NJ. I have a NY license; I was told by the NJ court that the NY DMV doesn't issue points for this violation and I should just pay the fine and be done with it. Any thoughts?
Posted @ Monday, April 23, 2012 2:29 PM by K
K, 
 
Good afternoon. 
 
I am sorry to report the little expertise I have is fighting NYC parking tickets.  
 
Which NY expert is working in the NJ courts? Does this violation carry points in NJ? If so, why not n NY? 
 
If it t'were I, I'd check with the NY DMV on the points thing. 
 
Good luck.
Posted @ Monday, April 23, 2012 2:43 PM by Larry Berezin
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