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  #1  
Old 09-05-2007, 08:42 PM
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2 tickets for same parking offense in 10 minutes - NYC says guilty on both?


What is the name of your state? NYC

I was visiting my sister in the Bronx and when I arrived at 4pm in the evening, of course there was no parking spaces in front of her apartment. She told me to park at the meter the next street over as it was only enforced until 7pm. She told me that as long as I moved my car by 8AM the next morning I would be alright. Stupdily, I did as she recommended but I did not see that there was street cleaning at 7:30AM and thus, became a no parking spot at 7:30 instead of 8:00AM.

The next morning I go to move my car at 7:32. As I get to the car, I see a big green sticker pasted to my window and a ticket for $45. I took the ticket and went back into the apartment to get her so that we could drop my car off at a friends house. Within 10 minutes (7:42) they wrote another ticket for the same offense. As I was clearly at fault, I paid the first ticket that same day. I thought that this would be a no brainer to have the second one thrown out since they were identical tickets for the same offense and location written within 10 minutes of each other.

Surprise. I find out today that NYC has found me guilty of the second ticket also. So in essence, my 15 minutes cost me $90. I plan on appealing this again. Any advice? To be quite honest, I am shocked that a judge would not have thrown the second ticket out since I paid that first one.
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Old 09-05-2007, 08:55 PM
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Quote:
Originally Posted by EscapeNYticket View Post
What is the name of your state? NYC

I was visiting my sister in the Bronx and when I arrived at 4pm in the evening, of course there was no parking spaces in front of her apartment. She told me to park at the meter the next street over as it was only enforced until 7pm. She told me that as long as I moved my car by 8AM the next morning I would be alright. Stupdily, I did as she recommended but I did not see that there was street cleaning at 7:30AM and thus, became a no parking spot at 7:30 instead of 8:00AM.

The next morning I go to move my car at 7:32. As I get to the car, I see a big green sticker pasted to my window and a ticket for $45. I took the ticket and went back into the apartment to get her so that we could drop my car off at a friends house. Within 10 minutes (7:42) they wrote another ticket for the same offense. As I was clearly at fault, I paid the first ticket that same day. I thought that this would be a no brainer to have the second one thrown out since they were identical tickets for the same offense and location written within 10 minutes of each other.

Surprise. I find out today that NYC has found me guilty of the second ticket also. So in essence, my 15 minutes cost me $90. I plan on appealing this again. Any advice? To be quite honest, I am shocked that a judge would not have thrown the second ticket out since I paid that first one.

I would think that since you removed the citation but did not remove the car you are probably out of luck.
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  #3  
Old 09-05-2007, 09:10 PM
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Originally Posted by Doodle1 View Post
I would think that since you removed the citation but did not remove the car you are probably out of luck.
I can accept that this would be a basis for receiving the second ticket, I wasn't even thinking as I took it off the windshield, and went back in the apartment to get my sister. But how could a judge not see that these tickets were written within 10 mins of each other? I felt I was doing the responsible thing and paying the first ticket promptly without fighting it. It almost would seem that this should not be legal, almost a civil version of double jeopardy because in effect, I am being charged 2x for the same offense. It is not as if I got in the car and moved it into a new spot a block away and got the same ticket. The car DID NOT MOVE. Plus, how is it even possible to get 2 tickets by 2 separate cops in 10 minutes, you would think there would only be one enforcer in the area writing tickets.
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Old 09-05-2007, 09:19 PM
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Quote:
Originally Posted by EscapeNYticket View Post
I can accept that this would be a basis for receiving the second ticket, I wasn't even thinking as I took it off the windshield, and went back in the apartment to get my sister. But how could a judge not see that these tickets were written within 10 mins of each other? I felt I was doing the responsible thing and paying the first ticket promptly without fighting it. It almost would seem that this should not be legal, almost a civil version of double jeopardy because in effect, I am being charged 2x for the same offense. It is not as if I got in the car and moved it into a new spot a block away and got the same ticket. The car DID NOT MOVE. Plus, how is it even possible to get 2 tickets by 2 separate cops in 10 minutes, you would think there would only be one enforcer in the area writing tickets.
You paid the first ticket? You did not go to court on either and just threw out the second? If this is the case, a judge does not look at the parking ticket. The only thing the system sees is an unpaid ticket. ( the one you threw out) Your only bet is to go to court and tell a real judge your case but I would bet it will not go too well when you tell him you threw it out. If it's worth the extra money to you for your time and effort, give it a shot.
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Old 09-05-2007, 09:28 PM
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Originally Posted by Doodle1 View Post
You paid the first ticket? You did not go to court on either and just threw out the second? If this is the case, a judge does not look at the parking ticket. The only thing the system sees is an unpaid ticket. ( the one you threw out) Your only bet is to go to court and tell a real judge your case but I would bet it will not go too well when you tell him you threw it out. If it's worth the extra money to you for your time and effort, give it a shot.
Thanks for your input. I did pay the first ticket. On the second ticket I did a hearing over the internet where I explained the whole scenario and even gave the number of the first citation. I would think that their system would show all tickets issued to the same car/driver. Unfortunately since I am in Maryland, my appeal will have to be by mail again. Maybe I will try and do a better job and include copies of both tickets so they can see for themselves that they are identical. I guess it is worth a shot. I am so disgusted over the notion that this is going to cost $94 over a simple error.
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  #6  
Old 09-05-2007, 09:31 PM
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If you do a search with NYC + parking ticket + time, you'll see I've been telling people for years that you can be found guilty of multiple parking tickets written within minutes of each other.

That said, you blew what little chance you had at fighting them by paying the first one. Now, the best you can hope for is that there is a defect on the second ticket that makes it dismissable (was it a handwritten or computerized ticket?) If not, you should still be eligible for a "settlement" (25% discount if you ask for it) at the PVB.

PS: Be glad they didn't put the giant green sticker on your side window with crazy glue. That's way more fun to deal with than tickets are.
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Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
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  #7  
Old 09-05-2007, 10:03 PM
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Originally Posted by You Are Guilty View Post
If you do a search with NYC + parking ticket + time, you'll see I've been telling people for years that you can be found guilty of multiple parking tickets written within minutes of each other.

That said, you blew what little chance you had at fighting them by paying the first one. Now, the best you can hope for is that there is a defect on the second ticket that makes it dismissable (was it a handwritten or computerized ticket?) If not, you should still be eligible for a "settlement" (25% discount if you ask for it) at the PVB.

PS: Be glad they didn't put the giant green sticker on your side window with crazy glue. That's way more fun to deal with than tickets are.
The second ticket was a computerized one. When I file an appeal on the verdict I know that I have to pay the fine in the interim. Are the people who review the appeals the same ALJ's that rendered guilt in the first place or is it a different section? Also, will I be offered a reduced fine pending the appeal like I was with the second ticket? Thanks again.
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