No Standing 7-9 am

[dirttyturbo]

What is the name of your state? NY

So I pulled over in a spot on a corner and did not see any no standing signs (I was grabbing something from the back seat and my phone was vibrating on my hip so I wanted to take it off), Just a big bright yellow green pedestrian crossing sign. I was there for about a min. when I heard some cars honking and I look in my rearview mirror I see cars backing out the street behind me so that caught my attention and waited for them to come down the block I was on before I pulled out.

Next thing I know there's a traffic cop pulled about 4 feet in front of me half of her car was in the street and the other half in a spot in front of me just parked there so assuming she would get out the car I wait again (I had my left signal on) she didn't come out so when I'm about to pull out she hops out the car walks up to my window and scans my car and sez she's giving me a Ticket, I asked why she said this a no standing zone (there were cars parked in front of me and obvious car parked across the street in a no standing zone with no one in the vehicle) she said she gave me some warnings cuz she honked her horn and she gave me time to leave, I was taken back by this since there was about six cars lined up in the intersection honking there horns because some people like to drive backwards down the street. I though she was getting out to give the guy across the street a ticket because the no standing sign was in plain view, She didn't want to hear it anyway. I look up and the sign was not there but before I could question her she slaps the ticket on my window and leaves. I pull out the spot and behind the pedestrian crossing sign blocked by tree branches there is a sign that sez no parking from 7-9 am, It was about 7:50am when I got the ticket.

So in my defense, She never asked for my ID never put it on the ticket and never gave me any direct warning, also the sign was not visible especially if your in your car, the only way it would be visible if you were to walk out your car and around the front or on the sidewalk. I had a passenger at the time in the car .

Think I got something here? Its 115$ Ticket and it was my GF car (she was in the passenger seat) were both broke and can't pay the hole thing. Should I contest this online or in person? How will it work for each? do you think the traffic cop will show up if we contested in person?

Again thanks in advanced for your help and suggestions nad sorry about the long post

Edit: forgot to mention the sign was pointing to the corner and I was in that spot and she never gave anybody else a ticket just me.

[wirry1422]

First of all, the violation is a parking ticket, not a moving violation. It will not go on your driving record or result in any criminal warrants or penalties. The second thing is that based on what you stated in your post, you have no valid defense and are legally guilty of standing in a no standing zone. Ignorance of the signs is no excuse. You stated the valid signs were posted nearby, which places the burden to read and follow those signs squarely on your shoulders. It is totally irrelevent what tickets or warnings other nearby vehicles received. In the eyes of the law the only person's ticket that matters in your case is yours. Nobody is ever required to get a warning before receiving a parking citation. If that were the case, all anyone would have to do is park and leave their vehicle, eliminating any chance of being warned. Just because you are in your vehicle with the motor on is also irrelevent in your case as this was not simply a no parking zone, it was also a no standing zone, and being stopped with the car on is considered "standing". Basically from 7-9 am monday-friday, curb lane you were stopped on becomes a moving traffic lane in order to increase inbound rush-hour capacity. So just like any other traffic lane, standing in your vehicle in a lane is illegal, and could have resulted in an accident due to traffic and buses having to abruptly change lanes to avoid your car, and as you said you caused a whole line of cars to back-up. Also, being a parking ticket, no ID is required, only the vehicle plate and make/model/color information along with the approximate address and time of violation, (how else do you think they issue parking tickets to unoccupied vehicles where the driver and his/her ID are not present?) You can appeal the ticket, the officer is not required to attend, but will write any supporting information on the original copy of the ticket for the judge to read. Appeal in person for the best shot at winning, but I wouldn't hold my breath.(BTW, if you show up to the in-person hearing, the pvb official will reduce the fine in exchange for pleading guilty, which is a deal i would take if i were you.)

[You Are Guilty]

What he ^ said.

Although, if it was a handwritten ticket and not a computerized one, there's a chance they wrote something wrong on it that would warrant a dismissal. Read this: [url]http://www.nyc.gov/html/dof/html/pdf/99pdf/pvo_itslaw_00.pdf[/url]
and see if any apply to your ticket.

[dirttyturbo]

Tha you for the quick reply,
I may have not been to detailed sorry If it may have gotten confused.

It was not a traffic lane just a few feet down the block is a drive way and then parking, There would be no way the area I was in be considered a lane not even trucks can unload there (there is not much space from where the sign starts to the cross walk, just enogh to fit a car). The comotion behind me was not caused by me pulling over, I think a garbage truck or school bus was blocking the street around the corner from me, and hence the reason I prolonged my stay there to let traffic flow. The metter maid was the one blocking the traffic. Theres was no other place to pull over and the signs were not visibile if you were to try and read the sign it would have been from across the street or out on the sidewalk on the pasenger side. So I can't understand how this could be a fair ticket if I would have been out of the car to read the sign I still would have gotten the ticket? and when pulling into the space the only visible sign there is the crossing sign.

[Peetie]

If the "no standing" sign was blocked by tree branches and could not be seen from the street, you have a reasonable chance to get it dismissed, based upon how generous the judge feels on that particular day.

Get pictures of the scene that show that the sign is not visible from the street where your vehicle was. Get pictures showing the sign behind the branches and someone holding the branches back to reveal the sign. Use a camera that dates the pictures.

Take them to court and ask for dismissal.

[You Are Guilty]

Originally Posted by Peetie

If the "no standing" sign was blocked by tree branches and could not be seen from the street, you have a reasonable chance to get it dismissed, based upon how generous the judge feels on that particular day.

Get pictures of the scene that show that the sign is not visible from the street where your vehicle was. Get pictures showing the sign behind the branches and someone holding the branches back to reveal the sign. Use a camera that dates the pictures.

Take them to court and ask for dismissal.

And on what particular theory of law did you base this nonsense?

Poster - I provided you with the only hope for a dismissal in that link. The "Trees & Leaves" defense is not recognized by any PVB ALJs, and I can guarantee you will lose if you try to use it. (Incindentally, it doesn't matter if you were in a lane, or a street or a dead end or a cul de sac or a testicle sac, the parking laws apply to all public roads).

[wirry1422]

Well, I never really thought of testical sacs as being public roads, at least not mine anyway.

[You Are Guilty]

Originally Posted by wirry1422

Well, I never really thought of testical sacs as being public roads, at least not mine anyway.

Well, I can't help it if you're underdeveloped. Then again, I'm not sure I want "testicals" anyway