Can this be dismissed?

[jasesun23]

What is the name of your state? New York City, NY

I got a parking ticket during night regulations. Completely my fault just failed to read sign. I was just hoping maybe I got lucky. The year of my car is incorrect. I have a 2002 and the ticket (hand written) clearly says 2003. Is that enough to get it dismissed? Or will they just say that is was a mistake and I'll have to pay for it anyway.
Thanks for any advice.
Jay

[racer72]

Or will they just say that is was a mistake and I'll have to pay for it anyway.

Correct. The mistake does not prevent you from presenting a valid defense to the citation.

[GulfBreeze]

Originally Posted by jasesun23

What is the name of your state? New York City, NY

I got a parking ticket during night regulations. Completely my fault just failed to read sign. I was just hoping maybe I got lucky. The year of my car is incorrect. I have a 2002 and the ticket (hand written) clearly says 2003. Is that enough to get it dismissed? Or will they just say that is was a mistake and I'll have to pay for it anyway.
Thanks for any advice.
Jay

maybe if they got the license plate numbers wrong....but year? dont think so.

Ive talked to friends who tried to get out of a ticket for various reasons such as an incorrect color of the car posted on the ticket etc...and that doesnt work...BUT you can try and get the cost of the parking ticket reduced...I used to do this for a living...first you have to include the cost of the ticket with your letter...your letter should request that the fine portion of the ticket be reduced or dropped because you are a working man, have excessive bills, pay child support or whatever works for you...and 9 times out of 10, the ticket will be reduced to cover only administrative expenses (they deduct the actual fine from your ticket).

[jasesun23]

Thank you all for the quick replies.

Gulfbreeze that was the answer I was expecting. Not the one one I hope for but the one I expected.

Racer72 I'm not really sure what you mean by "The mistake does not prevent you from presenting a valid defense to the citation" Are you saying that only something that prevents you from defending the citation is ground for dismissing the ticket. So basically you are saying I have to pay the ticket, right?

Pacarox that you for the advice about trying to get the ticket reduced. I was wondering how I go about this. Do I plead guilty with a letter or not guilty with a letter. I assume it not guilty since it say payment must be made with plea of guilty. It just seems weird to plead not guilty and then send a letter saying I'm guilty with the reasons you mentioned to get a reduction. Should I actually state in the letter that I was hoping the fine portion be reduced or dropped. I feel if I use wording like this it sounds like I know what I'm talking about and get a lot of tickets. Also should I even mention the incorrect date or just try to get it reduced.

Thanks again for any advice. Its funny a little piece of me really believed that because of the mistake that the ticket would get throw out.

Originally Posted by jasesun23

Thank you all for the quick replies.

Gulfbreeze that was the answer I was expecting. Not the one one I hope for but the one I expected.

Racer72 I'm not really sure what you mean by "The mistake does not prevent you from presenting a valid defense to the citation" Are you saying that only something that prevents you from defending the citation is ground for dismissing the ticket. So basically you are saying I have to pay the ticket, right?

Pacarox that you for the advice about trying to get the ticket reduced. I was wondering how I go about this. Do I plead guilty with a letter or not guilty with a letter. I assume it not guilty since it say payment must be made with plea of guilty. It just seems weird to plead not guilty and then send a letter saying I'm guilty with the reasons you mentioned to get a reduction. Should I actually state in the letter that I was hoping the fine portion be reduced or dropped. I feel if I use wording like this it sounds like I know what I'm talking about and get a lot of tickets. Also should I even mention the incorrect date or just try to get it reduced.

Thanks again for any advice. Its funny a little piece of me really believed that because of the mistake that the ticket would get throw out.

A letter to the court judge is not a court proceeding...you dont have to plead guilty or not guilty, you just request that the penalty portion of the fine be reduced ...and they will refund back to you the portion that you overpaid, (if they choose to reduce the penalties), I was always able to get the court to reduce the fines significantly and at times the fine was completely refunded back to me (the fine you send with your letter). I learned all this while working as a safety administrator for a large trucking company. I had to investigate accidents, pay accident claims and pay traffic tickets...so it was my responsibility to try and save the company money by reducing fines received by our truck drivers.

Sample fine request letter

Date

The Honorable Judge so and so
address
city state zip

Your Honor:

On (date) I received citation number (____) for which I was cited: (list your violation noted on the citation). I would like to request that your honor consider reducing the penalty portion of my fine as I am a respectable, hard-working man with 25 children (feel free to embellish here and list any hardships that impact your life) and my finances have been quite difficult now that my wife is receiving a radical mastectomy along with chemo therapy.

Your consideration in this matter would be greatly appreciated.

Sincerely,

YOUR NAME

attachments: copy of citation
check in the amount of ________

(by the way, this works with speeding tickets and other moving violations.)

[PrinceCharming]

NYC offers a reduced fine to EVERYONE who disputes the fine. Even if you send in as your defense, "Can you please reduce the fine?"

You only get about 20% off, don't bother asking for more.

Regarding the mistake for the wrong car year or any other mistake, read below.

New York City Administrative Code -
Title 19
Transportation


--------------------------------------------------------------------------------



§ 19–204 Notice of violation. a. The notice of violation shall contain information advising the person charged of the manner and the time in which he or she may plead either guilty or not guilty to the charge alleged in the notice. Such notice of violation shall also contain a warning to advise the person charged that failure to plead in the manner and time provided shall be deemed, for all purposes, an admission of liability and that a default judgment may be rendered. The form and wording of the notice of violation shall be prescribed by the director. A copy of each notice of violation served shall be filed and retained by the bureau, and shall be deemed a record kept in the ordinary course of business, and shall be prima facie evidence of the facts contained therein.
b. The notice of violation shall be served personally upon the operator of a motor vehicle who is present at the time of service, and his or her name, together with the license designation as shown by the registration plates on said vehicle, shall be inserted therein. The notice of violation shall be served upon the owner of the motor vehicle if the operator is not present, by affixing such notice to said vehicle in a conspicuous place. Whenever such notice is so affixed, in lieu of inserting the name of the person charged with the violation in the space provided for the identification of said person, the words "owner of the motor vehicle bearing license" may be inserted to be followed by the license designation as shown by the registration plates on said vehicle. Service of the notice of violation by affixation as herein provided shall have the same force and effect and shall be subject to the same penalties for disregard thereof as though the same was personally served with the name of the person charged with the violation inserted therein.
c. For purposes of this section, an operator of a motor vehicle who is not the owner thereof but who uses or operates such vehicle with the permission of the owner, express or implied, shall be deemed to be the agent of such owner to receive notices of violation, whether personally served on such operator or served by affixation in the manner aforesaid, and service made in either manner as herein provided shall also be deemed to be lawful service upon such owner.

[jasesun23]

Really appreciate everyone replying. I have now noticed something new on my ticket. Not only is the date of the car wrong but the officer forgot to put am or pm in the time of issuance field. My friend sent me a pdf saying what could dismiss a ticket and this was one of the reasons. The pdf is from the dept of finance New York. Do you think now I can get it dismissed. If so should I ask for a reduction if they do not dismiss it in the same letter or just say it should be dismissed?
Thanks again
Jay

[PrinceCharming]

What's the ticket number?

[jasesun23]

Is it safe to just post my ticket number on here? Is there any information people can get with it.
Prince Charming if you are trying to take a look at my ticket on [url]http://nycserv.nyc.gov/NYCServInquiry/NYCSERVMain[/url] it is not in the system yet. I tried to find it. Is there anyway to send an attachment or file in this forum. I made a scan of the ticket and the pdf where it explains reasons why a ticket is defective.
Thanks
Jay

[PrinceCharming]

Good point. I know that if the AM or PM is missing, the ticket is considered defective. I just didn't want to say that unless I looked at it.

[jasesun23]

PrinceCharming the am/pm is definitely missing. If I could just trouble you once more on how I should write the letter. Do I just say am/pm missing makes this a defective ticket and it should be thrown out. How should I word it?
Jay

[You Are Guilty]

Originally Posted by jasesun23

PrinceCharming the am/pm is definitely missing. If I could just trouble you once more on how I should write the letter. Do I just say am/pm missing makes this a defective ticket and it should be thrown out. How should I word it?
Jay

While it should be dismissed if you just write a letter saying "the ticket is defective", you'll have much better chances if you go down to a PVB office in person. If you go on an off hour (not lunchtime), you can be in and out in 20 minutes.

If you insist on doing it via mail, just mention that the issued ticket is defective for the following reasons... and then list them all (wrong year, incorrect time of offense, whatever else you can conjure up).

Oh, and don't forget to include a photocopy of your registration to prove that the year is wrong, if you decide to use that.

[jasesun23]

Thanks again to everyone for their advice. Went down to PVB and they dismissed the ticket. Didn't even have to give a reason, the Judge saw that there was no am/pm and threw it out. He then asked if that was what I was going to argue. I said yes and then asked about the year also, and he said that year or color does not matter.
Thanks again