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Is my parking ticket defective?

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twindad99

Junior Member
What is the name of your state? New York (New Rochelle)

I received a parking ticket today in the City of New Rochelle.....My personal use non-commercial car was 'standing' in a 'No Parking' zone while I unloaded merchandise into a adjoining storefront. (there is no 'No Standing or 'No Loading' signs present, only the 'No Parking' sign)

While I acknowledged the 'No Parking' zone signage, the police officer and I engaged in a semi-heated argument about whether my temporary stop there constituted 'parking' (a violation) or 'standing' (not, in my view, a violation). He got pretty nasty in asking that I state the V&T code section that defines 'standing' vs. 'parking'.....which at the time I could not....

(I have since reviewed both NYS V&T laws and local City of New Rochelle V&T laws as to the applicable definitions, and feel pretty good that I can defend that I was in fact 'standing'...which is, i believe, permitted in a 'No Parking' zone)

While I am interested in any views on that distinction...here's my REAL question - the police officer failed to mark on the ticket the (1) time of the offense and (2) the make of the car.....ARE THESE 2 OMISSIONS ENOUGH TO DISMISS THE PARKING TICKET ON TECHNICAL GROUNDS? (Is there a legal requirement that the ticket bear the TIME of the offense...and if so, if it is missing, does that void the ticket?)

He did correctly note the car color, body type, license plate, location, date etc.

any thoughts appreciated. Twindad99What is the name of your state?What is the name of your state?
 


OP85063

Member
yeah, that will be dismiss.

They will need to know the time ticket was issue. Pleat not guilty, ask what time the ticket was issue, because you can prove you was not there. Second ask what kind of car is it, because he can be mistaken the car and just wright out the ticket to your plates.

I've had parking ticket dismiss because of different color of car.
 

racer72

Senior Member
the police officer failed to mark on the ticket the (1) time of the offense
This would only be required if the no parking zone had time limits. If there were no time limits for parking, the missing time is not relevent.

the make of the car
As long as the license plate number matches, the ticket is valid.
 

HuAi

Member
i disagree, i've had tickets issued in the past in my name because an officer typo'd the license number (ticket was actually meant for a car in another city with a license plate), i had to go to court to fight the ticket and won
 

Zigner

Senior Member, Non-Attorney
i disagree, i've had tickets issued in the past in my name because an officer typo'd the license number (ticket was actually meant for a car in another city with a license plate), i had to go to court to fight the ticket and won
Who are you disagreeing with?
 

twindad99

Junior Member
Thank-you all for the informative replies.

My research so far indicates that I have an arguable case insofar as I believe 'standing', as defined in both NYS V&T and City of New Rochelle V&T laws, is permitted in a 'No Parking' zone.

I will attempt to discredit the PO relative to his mis-understanding or mis-interpretation of the V&T laws.

When the ticket was served upon me...it was face-to-face, so unless there is some legal requirement that a ticket is only valid if it bears the time of the offense.....I likely will not rely on getting tthe ticket bounced on this technicality (that the time was missing from the ticket)

(Quite obviously, its not the monetary issue at stake[the ticket is only $25]...as they say, its the principle of the issue and the way the PO treated me.....ticked me off....he really felt like he was going to bully me and push me around....make me feel like I committed a capital (sp?) offense....I'll have my day in court questioning him on the stand....I don't care if I lose and have to pay more than the $25....I'm going to make him eat his words in front of a judge that his 'understanding' of the V&T laws is wrong. I'll also be pleased just the same if I can get the ticket bounced or reduced. I plan to go to traffic court int he next day or so to see how things go with other defendants...so as to prepare my strategy. I don't have any $$ though for an atty.)

thanks again...I'll let you know how it turns out.

Twindad99
 

twindad99

Junior Member
Update - Is My Ticket Defective? Yes!!!!!

This would only be required if the no parking zone had time limits. If there were no time limits for parking, the missing time is not relevent.

UPDATE:

I got a copy of the New York State Vehicle & Traffic Law and here is what I found:

Section 238.2 of NYS V&T Law clearly states that a notice of violation (ie. ticket) must note (in addition to a variety of other information) the "...date, time and particular place of occurrence of the charged violation...".

In Section 238.2(b) it further states that "If any information which is required to be inserted on a notice of violation is omitted from the notice of violation, misdescribed, or illegible, the violation shall be dismissed upon application of the person charged with the violation.

Since the time is in fact missing, I believe I will succeed in getting the ticket dismissed on this basis alone! :cool:

FYI - Section 129 also defines 'parking'.....and according to the way I read it, standing is permitted (whether vehicle was occupied or unoccupied)......the question here will be at what point does a 'standing' vehicle become a 'parked' vehicle.

I will go see the court clerk to point these facts out and see if I can avoid appearing in court.....much as I would like to put the officer on the stand to 'correct' his mis-interpretation of 'standing' vs. 'parking'.....I will settle for getting the ticket dismised. (although methinks I will probably still get cited by the cop if I continue to 'stand' in the 'No Parking' zone.....I deal with that when or if it happens again.)

twindad99
 

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