Discussion:
Fighting NYC parking tickets?
(too old to reply)
luke
2004-04-05 22:23:45 UTC
Permalink
Hey all. Sorry this is irrelevant to those away from the city, but
the subject was clear.

After a year of parking on the sidewalk outside my apartment in the
bronx (covered and chained to a phone pole) and outside my
girlfriend's apartment in brooklyn (same story) I moved to Greenpoint
(Brooklyn) and immediately got a $115 ticket for parking on the
sidewalk. I live in a residential bordering-on-industrial area (India
and Franklin), not a ton of traffic. The bike was well out of the way
of pedestrian traffic in front of a closed industrial building. I'd
like to hear from anyone who has had success fighting sidewalk tickets
in the city.

I'm not sure if I should argue that it was parked on the sidewalk
because EVERYONE parks on the sidewalk and please let me go and I
promise not to do it again,
OR
to claim that I was working on the bike or it was broken down or some
such shit and just happened to be away when the cop came by (total
bullshit).

Any and all experiences greatly appreciated. I've gone to parking on
the street now (obviously) but I'd really like to not lose this $115.

-Luke
92 nighthawk 750
Demetrius XXIV and the Gladiatores
2004-04-05 22:48:55 UTC
Permalink
Post by luke
After a year of parking on the sidewalk outside my apartment in the
bronx (covered and chained to a phone pole) and outside my
girlfriend's apartment in brooklyn (same story) I moved to Greenpoint
(Brooklyn) and immediately got a $115 ticket for parking on the
sidewalk. I live in a residential bordering-on-industrial area (India
and Franklin), not a ton of traffic. The bike was well out of the way
of pedestrian traffic in front of a closed industrial building. I'd
like to hear from anyone who has had success fighting sidewalk tickets
in the city.
The only way to fight a parking ticket is to toss out the asshole who
invented the $115 parking violation... Mayor Mike Bloomberg.

Sidewalk parking is technically illegal and whether or not you get
nailed for it depends on how much revenue the cunt who runs the city
wants at any given moment.

In a desperate stab for re-election he's thinking of repealing the
anti-smoking ban but don't think for a moment the sidewalk thingy (or
20% real estate tax hikes for that matter) are on the table.
moto
2004-04-06 06:04:20 UTC
Permalink
Luke ...
Here's a trick that may or may not work on tickets.
Always postone the court date. A day or two before the court apperaence,
call in sick. Have them rescheduale your court appearence. When you do
appear, you ALWAYS plead innocent.

Now, if the cop fails to appear, you probably can/will have the ticket
dismissed. If he does appear, there's a good chance he 'may' think you
will not, or have already paid the ticket. IF (that's if) the cop does
NOT have his paperwork on your ticket, you 'should' have the ticket
dismissed.
It doesn't always work, but the worst that can happen is you end up
paying, unless you come up with an excuse that'll get you off the hook.
It's worth a try. :)



moto

Some mornings it's just not worth chewing through the straps.


'02 750 Ace..... The Twin
'01 Magna.... Black Magic
'95 750 Nighthawk.Big Red
'95 Helix....... Little Red
herman
2004-04-07 03:11:48 UTC
Permalink
they just re book your court date around the cops next court date. and they
should always always have their duty books, else they'd probably get fired
without their notes.
Post by moto
Luke ...
Here's a trick that may or may not work on tickets.
Always postone the court date. A day or two before the court apperaence,
call in sick. Have them rescheduale your court appearence. When you do
appear, you ALWAYS plead innocent.
Now, if the cop fails to appear, you probably can/will have the ticket
dismissed. If he does appear, there's a good chance he 'may' think you
will not, or have already paid the ticket. IF (that's if) the cop does
NOT have his paperwork on your ticket, you 'should' have the ticket
dismissed.
It doesn't always work, but the worst that can happen is you end up
paying, unless you come up with an excuse that'll get you off the hook.
It's worth a try. :)
moto
Some mornings it's just not worth chewing through the straps.
'02 750 Ace..... The Twin
'01 Magna.... Black Magic
'95 750 Nighthawk.Big Red
'95 Helix....... Little Red
moto
2004-04-07 04:35:34 UTC
Permalink
Herman ...
Cops get sick, and forget stuff too. I didn't say it was foolproof, but
you start increasing your odds the more time that
passes. You just never know what can happen once a few weeks/months
pass.
It's a calculated risk you can afford to take 'cause you're not out
anything even if it doesn't work out.

Always delay, Always plead not guilty, when it comes to traffic tickets.



moto

Some mornings it's just not worth chewing through the straps.


'02 750 Ace..... The Twin
'01 Magna.... Black Magic
'95 750 Nighthawk.Big Red
'95 Helix....... Little Red
Thomas Muffaletto
2004-04-07 05:12:46 UTC
Permalink
Post by moto
Herman ...
Cops get sick, and forget stuff too. I didn't say it was foolproof, but
you start increasing your odds the more time that
passes. You just never know what can happen once a few weeks/months
pass.
It's a calculated risk you can afford to take 'cause you're not out
anything even if it doesn't work out.
except a days pay - not everyone is retired.
Post by moto
Always delay, Always plead not guilty, when it comes to traffic tickets.
have you beat any lately?
Post by moto
moto
Some mornings it's just not worth chewing through the straps.
i try to spill a little of the my dinner on it the night before
this way they taste better in the morning.
Post by moto
'02 750 Ace..... The Twin
'01 Magna.... Black Magic
'95 750 Nighthawk.Big Red
'95 Helix....... Little Red
moto
2004-04-07 12:39:01 UTC
Permalink
Tom ...
Have I beat any tickets?

What do you think I posted what I did? It worked for me. Granted, I
haven't had one in quite a while, but the system, and human nature
hasn't changed any since I did. Most (maybe half) the folks I've told to
use that 'method' of beatin' a ticket came out without paying a dime.

Losing a days (or part of a days) pay pales to having your record
screwed up, and your insurance rate goin' up too.
That days pay is what you lose for keeping your record as free from
blemish as possible.
Everything is a gamble. Just paying a ticket to avoid the inconvenience
is bullshit.



moto

Tough? We drink our urine, and eat our dead.

'02 750 Ace..... The Twin
'01 Magna.... Black Magic
'95 750 Nighthawk.Big Red
'95 Helix....... Little Red
Thomas Muffaletto
2004-04-07 16:05:47 UTC
Permalink
Post by moto
Tom ...
Have I beat any tickets?
What do you think I posted what I did?
It worked for me. Granted, I
Post by moto
haven't had one in quite a while,
that is why i asked how long it has been.
things are harder now - but i also guess that
it depends on where you live and what you are
willing to do. i got a ticket for parking where the
sign says "no parking on school days" around here
that really means Mon-Friday before 4pm. i dont know anyone who
beat that ticken.
Post by moto
but the system, and human nature
hasn't changed any since I did.
where i live i have noticed a big difference since 911.
i believe it is because they need more cops and giving more
tickets helps insure they cover their salary and reduce a chance
that there is any layoffs.




Most (maybe half) the folks I've told to
Post by moto
use that 'method' of beatin' a ticket came out without paying a dime.
in the past i have also beat tickets. where i live they dont make
it that easy anymore.
Post by moto
Losing a days (or part of a days) pay pales to having your record
screwed up, and your insurance rate goin' up too.
not from parking tickets
Post by moto
That days pay is what you lose for keeping your record as free from
blemish as possible.
Everything is a gamble. Just paying a ticket to avoid the inconvenience
is bullshit.
for any kind of ticket i guess it depends on how much you can
lose from missing a single days pay and if i am not mistaken
the cop can miss the first 2 trails if he doesnt show up on the 3rd day
you win if he does then you have to find out.
i do agree with you that you CAN beat tickets but nowadays ide rather
just pay. unless it will effect my insurance and i was in the right.
Post by moto
moto
Tough? We drink our urine, and eat our dead.
'02 750 Ace..... The Twin
'01 Magna.... Black Magic
'95 750 Nighthawk.Big Red
'95 Helix....... Little Red
Thomas Muffaletto
2004-04-07 19:48:16 UTC
Permalink
Post by moto
Tom ...
Have I beat any tickets?
What do you think I posted what I did? It worked for me. Granted, I
haven't had one in quite a while, but the system, and human nature
hasn't changed any since
moto
Moto:
I believe human nature as a tool to predict what a person will do
in most situations changes from generation to generation,
from sibling to sibling, from culture to culture, area to area,
person to person and according to mood even the same person will do things
differently
from minute to minute. last but not least prejudice also affects the out
come.
when fighting a ticket will the judge say you are innocent, guilty or set
another date to fight the ticket
depends on a lot. it also greatly depends on what the accused knows about
law and how much
they are willing to do. to beat some tickets is as easy as writing a
letter, for most cases
that is the most I am willing to do. I am not saying anyone shouldn't fight
tickets
just speaking from experience.
Tom
M
2004-04-08 02:45:57 UTC
Permalink
Administrative Hearing Officers (AHO's) adjudicate parking tickets.
They DO NOT REQUIRE the issuing officer to appear.
That is why you need to bring photos, witnesses, or other evidence.
The littlest piece of evidence can help sway the AHO.

I REPEAT>
PO's are not required to appear at this hearings.

As for traffic court, a Judge will dismiss a ticket
if a PO fails to appear twice.

If the PO is there, ask the Judge to adjourn
the case because your lawyer just called you
and he will not be able to appear.

Just hope that the PO will not show the next
two times.
Post by herman
they just re book your court date around the cops next court date. and they
should always always have their duty books, else they'd probably get fired
without their notes.
Post by moto
Luke ...
Here's a trick that may or may not work on tickets.
Always postone the court date. A day or two before the court apperaence,
call in sick. Have them rescheduale your court appearence. When you do
appear, you ALWAYS plead innocent.
Now, if the cop fails to appear, you probably can/will have the ticket
dismissed. If he does appear, there's a good chance he 'may' think you
will not, or have already paid the ticket. IF (that's if) the cop does
NOT have his paperwork on your ticket, you 'should' have the ticket
dismissed.
It doesn't always work, but the worst that can happen is you end up
paying, unless you come up with an excuse that'll get you off the hook.
It's worth a try. :)
moto
Some mornings it's just not worth chewing through the straps.
'02 750 Ace..... The Twin
'01 Magna.... Black Magic
'95 750 Nighthawk.Big Red
'95 Helix....... Little Red
Gniewko
2004-04-06 22:42:23 UTC
Permalink
Post by luke
Hey all. Sorry this is irrelevant to those away from the city, but
the subject was clear.
After a year of parking on the sidewalk outside my apartment in the
bronx (covered and chained to a phone pole) and outside my
girlfriend's apartment in brooklyn (same story) I moved to Greenpoint
(Brooklyn) and immediately got a $115 ticket for parking on the
sidewalk. I live in a residential bordering-on-industrial area (India
and Franklin), not a ton of traffic. The bike was well out of the way
of pedestrian traffic in front of a closed industrial building. I'd
like to hear from anyone who has had success fighting sidewalk tickets
in the city.
I'm not sure if I should argue that it was parked on the sidewalk
because EVERYONE parks on the sidewalk and please let me go and I
promise not to do it again,
OR
to claim that I was working on the bike or it was broken down or some
such shit and just happened to be away when the cop came by (total
bullshit).
Any and all experiences greatly appreciated. I've gone to parking on
the street now (obviously) but I'd really like to not lose this $115.
-Luke
92 nighthawk 750
Check the ticket and make sure that it's filled out correctly. If
anything is missing or filled out incorrectly, the ticket will be
automatically dismissed:
http://www.nyc.gov/html/dof/html/dispute2.html
Trying to come up with an excuse for why you parked on the sidewalk is
pointless. Nobody will care. But parking enforcement people aren't
exactly geniuses, so most tickets are filled out badly, and hopefully
you can find something that will get your ticket dismissed. I usually
end up having to pay maybe 1 parking ticket out of 5.

-Gniewko
StrongBad
2004-04-07 20:33:13 UTC
Permalink
Post by Gniewko
Post by luke
Hey all. Sorry this is irrelevant to those away from the city, but
the subject was clear.
After a year of parking on the sidewalk outside my apartment in the
bronx (covered and chained to a phone pole) and outside my
girlfriend's apartment in brooklyn (same story) I moved to Greenpoint
(Brooklyn) and immediately got a $115 ticket for parking on the
sidewalk. I live in a residential bordering-on-industrial area (India
and Franklin), not a ton of traffic. The bike was well out of the way
of pedestrian traffic in front of a closed industrial building. I'd
like to hear from anyone who has had success fighting sidewalk tickets
in the city.
I'm not sure if I should argue that it was parked on the sidewalk
because EVERYONE parks on the sidewalk and please let me go and I
promise not to do it again,
OR
to claim that I was working on the bike or it was broken down or some
such shit and just happened to be away when the cop came by (total
bullshit).
Any and all experiences greatly appreciated. I've gone to parking on
the street now (obviously) but I'd really like to not lose this $115.
-Luke
92 nighthawk 750
Check the ticket and make sure that it's filled out correctly. If
anything is missing or filled out incorrectly, the ticket will be
http://www.nyc.gov/html/dof/html/dispute2.html
Trying to come up with an excuse for why you parked on the sidewalk is
pointless. Nobody will care. But parking enforcement people aren't
exactly geniuses, so most tickets are filled out badly, and hopefully
you can find something that will get your ticket dismissed. I usually
end up having to pay maybe 1 parking ticket out of 5.
-Gniewko
Used to be easy but now that NYC and other cities have gone electronic
ticket books its getting harder to dispute it since they are prompted
for all the information when filling out teh ticket and can't print it
untill it has been entered, about the only mistake they can make is if
they put in the wrong Lic plate number or violation code. Welcome to
the Future!
M
2004-04-08 03:01:45 UTC
Permalink
Post by StrongBad
Used to be easy but now that NYC and other cities have gone electronic
ticket books its getting harder to dispute it since they are prompted
for all the information when filling out teh ticket and can't print it
untill it has been entered, about the only mistake they can make is if
they put in the wrong Lic plate number or violation code. Welcome to
the Future!
NYPD use standard written tickets.
Gniewko
2004-04-08 03:46:38 UTC
Permalink
Post by StrongBad
Post by Gniewko
Check the ticket and make sure that it's filled out correctly. If
anything is missing or filled out incorrectly, the ticket will be
http://www.nyc.gov/html/dof/html/dispute2.html
Trying to come up with an excuse for why you parked on the sidewalk is
pointless. Nobody will care. But parking enforcement people aren't
exactly geniuses, so most tickets are filled out badly, and hopefully
you can find something that will get your ticket dismissed. I usually
end up having to pay maybe 1 parking ticket out of 5.
-Gniewko
Used to be easy but now that NYC and other cities have gone electronic
ticket books its getting harder to dispute it since they are prompted
for all the information when filling out teh ticket and can't print it
untill it has been entered, about the only mistake they can make is if
they put in the wrong Lic plate number or violation code. Welcome to
the Future!
I heard about this, too, but I haven't seen those new electronic
tickets yet. And I got a parking ticket (filled out incorrectly) this
past weekend. When they get their act together, yeah, it will be more
difficult.

-Gniewko

Thomas Muffaletto
2004-04-07 05:09:33 UTC
Permalink
Post by luke
Hey all. Sorry this is irrelevant to those away from the city, but
the subject was clear.
After a year of parking on the sidewalk outside my apartment in the
bronx (covered and chained to a phone pole) and outside my
girlfriend's apartment in brooklyn (same story) I moved to Greenpoint
(Brooklyn) and immediately got a $115 ticket for parking on the
sidewalk. I live in a residential bordering-on-industrial area (India
and Franklin), not a ton of traffic. The bike was well out of the way
of pedestrian traffic in front of a closed industrial building. I'd
like to hear from anyone who has had success fighting sidewalk tickets
in the city.
I'm not sure if I should argue that it was parked on the sidewalk
because EVERYONE parks on the sidewalk and please let me go and I
promise not to do it again,
OR
to claim that I was working on the bike or it was broken down or some
such shit and just happened to be away when the cop came by (total
bullshit).
Any and all experiences greatly appreciated. I've gone to parking on
the street now (obviously) but I'd really like to not lose this $115.
-Luke
92 nighthawk 750
I tried to fight a few tickets. I didn't find it to easy to do, and I still
lost. you could probably win if you know your shit and willing
to get or act upset. yep had me a few of them $115 tickets
Manhattan aint no joke - we have more cops and brownies walking
around given out tickets than we have taxi's now. for me it seems it has
gotten much worse
since 9/11. nowadays you find cops stopped with parked cars license plate
in site
pen in hand and waiting for the moment. I had a few written 1 minute after
alternate side
parking took affect. when im out and about earlier I see them waiting all
around like that, waiting
to strike. from what I remember before 9/11 there was always a 5 or 10
minute grace period.
hmm "Grace period" those 2 words are usually deadly for me. well anyway it
really sux here
either you live in a slum or pay $1400 a month for a 10' x 10' room put bars
on the window
and you are living like those in jail except they get free cable and we pay
$80 a month.
not to mention April 15 when you find all the money you gave during the
year was
no where near enough. Tax time I hate it. good luck fighting the ticket.
Tom
luke
2004-04-07 19:36:33 UTC
Permalink
Thanks for what advice has been given.

Moto et. al: In NYC cops don't have to come to court for parking
tickets, you just plead your case to a judge, so that argument is out.

Unfortunately for me, the ticket is filled out to a T. I haven't
decided what to argue yet... One suggestion on nyc.motorcycles was to
photoshop up a receipt or two to back up the working-on-it theory, but
it's pretty thin argument b/c, as stated, it's still illegal.

Manhattan's a bitch, but this was in greenpoint.

Oh well.

Thanks for the input.

-Luke
M
2004-04-08 02:59:50 UTC
Permalink
I know many bikers that would remove their license plate
when parking on the sidewalk.

As for fighting the ticket, you should know that
most Judges will greatly reduce the fine if you
just admit with a good excuse.

BTW, Police respect people who tell the truth
they pull over. When you open your window,
don't say "What did I do?"
Instead, be forthright and say "I went through
that stop sign."
If you say nothing, you're probably getting a ticket.
By opening a line of communication, you may just get a
warning.

Maybe...

Anyway, here is a strategy I've followed in court on other tickets.
Go to Manhattan one morning and take ten pictures
of bikes parked on sidewalks, assuming you can still
find some. When it is time for you to speak,
plead guilty with mitigating circumstance (guilty with
an explanation) and apologize for breaking the law.
Let the Officer know you
have a clean record, if you do, and that you never would
have parked on the sidewalk if you knew it was a violation.
Show the Hearing Officer the photos
after apologizing adding "I just thought it
was legal because I see it everyday. Now I know better.
I will never do it again."

I am certain the Hearing Officer will reduce the fine.

Please post your strategy and result!
Post by luke
Thanks for what advice has been given.
Moto et. al: In NYC cops don't have to come to court for parking
tickets, you just plead your case to a judge, so that argument is out.
Unfortunately for me, the ticket is filled out to a T. I haven't
decided what to argue yet... One suggestion on nyc.motorcycles was to
photoshop up a receipt or two to back up the working-on-it theory, but
it's pretty thin argument b/c, as stated, it's still illegal.
Manhattan's a bitch, but this was in greenpoint.
Oh well.
Thanks for the input.
-Luke
Loading...