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Can my NYC Parking Ticket be Dismissed for the Wrong Rule?

Posted by Larry Berezin on Wed, Feb 29, 2012 @ 08:57 AM
 

What is a NYC parking ticket "Rule?"NYC parking ticket case dismissed

We talked about parking ticket laws in yesterdays blog post. Today we're going to learn about:

  • How a NYC parking ticket "Rule" is born
  • Where "Rules" live
  • Dismissing a parking ticket if a warrior enters the wrong "Rule" on a parking ticket

How is a NYC parking ticket "Rule" born?

I'm glad you asked...You didn't? Well, I'm offering. This knowledge wil help you save your hard-earned buckeroos. Now, do I have your economic attention?

Let's start with a simple explanation of rule making:

"In administrative law, rule making refers to the process that independent agencies use to create, or promulgate, regulations. In general, legislatures first set broad policy mandates by passing statutes, then agencies create more detailed regulations through rule making.[Wikipedia, "rule making"]

So, the NYC Council and NY State Legislature enact laws applicable to the stopping, standing and parking of vehicles, while the Commissioner of the Department of Transportation (Independent Agency) promulgates rules to implement the stopping, standing and parking laws; while the Commissioner of the Department of Finance (Independent Agency) promugates rules to prescribe the:

  • Internal procedures and organization of the Parking Violations Bureau,
  • Manner and time of entering pleas,
  • Conduct of hearings,
  • Amount and manner of payment of penalties

Where a "Rule" lives

  • Traffic "Rules" applicable to the stopping, standing and parking of vehicles live in Chapter 4 of Title 34 of the Official Compilation of Rules of the City of New York , adopted by the Commissioner of Transportation. Here's a link (Email address not required). Check out 4-01 for definitions, and 4-08 for the "Rules."
  • "Rules" promulgated by the Commissioner of Finance live on a different street. Simply click on this link to Chapter 39 Title 19 of the Official Compilation of Rules of the City of New York. (Email address not required).You'll find the content very interesting!

How to win a dismissal if the "Rule" is wrong

NYC parking ticket required elements

 

You'll see a red arrow on the right side of the directly above parking ticket required elements exhibit pointing to the box where a parking ticket warrior is required to enter the correct parking rule. This is where the reference to 4-08 is entered on a parking ticket. [Larry's note: The violation code ("VC") is not a required element].

If the parking "Rule" entered on your ticket does not match the parking "Rule" displayed on the parking sign regulating your parking space...You win, upon application!

Commentary

Knowledge is power. Always check the "Rule" and make sure it matches the parking sign rule!

parking tickets

 

Have you ever gotten a NYC parking ticket dismissed because the "Rule" was wrong? Please tell us your story. We all love to listen and learn.

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 is interesting and I will be using it greatly to battle tickets. However, my experience have been thus far, when I plead not guilty regarding a ticket being incorrect, the "presiding" judge always claims that my defense is not valid, since, "it will not make a difference of the original violation." I than need to appeal (if anyone has ever tried, finding the place to appeal online can be annoying sometimes), I would use the same argument as in the original defense and receive a ruling that the ticket is no longer valid. Is there a way to complain about specific 'judges' regarding their lack of concern, their bias views or lack of interest in facts to have them retrained or removed. All these 'ruling judges' are nothing more than adjuncts.
Posted @ Wednesday, February 29, 2012 11:06 AM by William
William,  
 
Good morning.  
I'm very glad you found this post helpful.  
 
Have you tried fighting a parking ticket by mail? A change of scenery may prove beneficial. We generally fight our parking tickets by mail; unless there are special circumstances to warrant a personal appearance.  
 
If you fight a parking ticket and lose, you have a different burden of proof on appeal. You must persuasively demonstrate the original judge made a mistake of law or fact. Only 13-15% of appeals are overturned. 
 
It is best not to let their parking ticket "trash talk" shift your focus from the issue at hand. There are also some rogue judges who will find you guilty, regardless of the validity of your defense.  
 
Good luck.  
Best,  
Larry
Posted @ Wednesday, February 29, 2012 11:44 AM by Larry Berezin
I think you might be wrong about the cc. When I go done in person,the first thing girl would look for is if the vc matches the violation checked off
Posted @ Thursday, March 01, 2012 7:49 PM by strve
Steve, 
 
Great to hear from you. 
How've you been? 
 
Thanks for sharing your experience. I'm all for a judge dismissing a parking ticket because the VC is wrong. 
 
Best, 
Larry
Posted @ Thursday, March 01, 2012 7:56 PM by Larry Berezin
Hey Larry, still trying to fight something along these lines. I parked on a block that had a sign reading "no parking, construction zone, 8am-6pm". I parked after 6pm, probably about 6:10 and received a ticket at 6:30pm. The ticket sited "no parking all times", which was obviously incorrect. 
 
 
 
Sent a close up picture of the sign and the entire block with my car on it with my defense, stating I was parked after the limits of the sign, and my claim was denied. I then appealed the decision, and that too was denied. 
 
 
 
I'm at a loss and can't justify spending $70 on a bogus ticket, any advice?
Posted @ Friday, March 09, 2012 12:06 PM by Nick
Nick, 
 
Good afternoon. 
Are you sure the construction zone is the parking sign that regulated your space; and not a no standing all times sign? 
 
I am sorry for your parking ticket pain. Let's try to get to the bottom of this mystery. 
 
Please email me your defense letter and proofs, along with the judge's decision. Send it to larry@newyorkparkingticket.com 
 
Looking forward to your reply. 
Best, 
Larry
Posted @ Friday, March 09, 2012 12:47 PM by lawrence berezin
I received a parking ticket for expired muni meter receipt. However, the date/time 1st observed was wrong. It said 12:00am but I have the muni meter receipt that showed I parked and paid at 9:31am! I was nowhere in that area at midnight. In the Complainant's comment box, it said "1st Obs is Muni Meter Exp." How can the 1st observation be at midnight when I parked the car at 9:31am for 1/2 an hour? Can I fight the ticket?
Posted @ Saturday, March 10, 2012 9:38 AM by Kim
Kim, 
 
Good morning. 
You're very observant. 
If it t'were me? I'd fight that nasty fundraiser. 
 
How will you persuade the judge you didn't park on the block earlier, as entered on the parking ticket? 
 
Good luck. 
Posted @ Saturday, March 10, 2012 10:01 AM by lawrence berezin
Hi. I received a parking ticket for standing in a No Standing zone (4p-7p) a little after 4. Two things: The violation lists 4.08(c), but lists 4a-7p. Also, the time is listed as 4:06p. Is it worth fighting over the AM (vs PM) that's listed on the ticket? And given the five-minute grace period, can I say the 4:06p was incorrect? I have a feeling they'll give me the "4a" being incorrect, but that I'm still in violation of the "correct" rule. However, I'm curious: would they dismiss on that technicality alone?
Posted @ Thursday, April 12, 2012 5:00 PM by Thomas
Thomas, 
 
Good evening. 
You are on the right track. 
 
If you'd like my help fighting this parking ticket, please check out Larry's Advice...It's almost free. 
 
Good luck.
Posted @ Thursday, April 12, 2012 5:19 PM by Larry Berezin
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