NY City Parking Ticket - Administrative Judge review

[deopiyu]

I am from NJ - Got ticket in NY City outside Museum of Natural History

I was coming out of parking of AMNH. I paid parking charges at 3:30 pm at the booth at exit. I was coming out of the museum gate where there was ongoing strrt traffic. I received a parking ticket at the gate at 3:32 pm for stopping in no standing zone. I sent parking fees receipt showing exit time of 3:30 pm and ticket issue time of 3:32 pm to city. I argued that I was not standing but just waiting for on going traffic to ease.

I pled not guilty and I received an offer to pay a reduced fee from $115 to $90. If I don't accept the reduction offer an Administrative Judge will review my case. I will either be found guilty and have to pay the full fee (I am not sure if there is any additional court fees involved) or dismissed and I will not have to pay anything.

Should I go for the Administrative Judge? Since they offered me a reduction do I have a good change of having this dismissed?

[You Are Guilty]

The offer of reduction is made to almost everyone. It's a new thing for trying to speed up the whole ticket process. It has nothing to do with them thinking you have a good case or not.

As far as whether to see the ALJ or not, that's up to you. If you have witnesses (plus your receipt), personally, I'd probably take my chances. If it's just the receipt, figure you have a 50-50 shot of them dismissing it.

If you do decide to contest it, do it in person though - it increases your chances of success.

Good luck.

[deopiyu]

Thank you for advice.

I agree that in person improves my chances of getting it dismissed, however they have not offered me that opportunity
I want to take chance as I am sure for a judge it make sense to dismiss it after seeing the evidence of official parking receipts. I also sent copy of my AMNH tickets to prove I was there all day.

I am not sure if there is any court fees if I win or loose. I have heard that if they declare me guilty i will be paying $ 115 + $30 (court fees) = $ 145. Is this true? Am I going to be paying 145 instead of 90?

Also I have heard that with City judge you almost don't stand a chance of faitr trial as they know most people don't have time to fight back - so you end up paying for it any way. Is this true?

Please let me know...I appreciate your help in this regard.

[You Are Guilty]

Originally Posted by deopiyu

I agree that in person improves my chances of getting it dismissed, however they have not offered me that opportunity

I don't understand? As long as you didn't plead by mail (i.e. check "not guilty" on the back of the ticket and mail it into the address listed there), you can take it to 66 John St (2nd Fl), any day M-F between 9 and 4:30 and get a hearing in person.

Originally Posted by deopiyu

I want to take chance as I am sure for a judge it make sense to dismiss it after seeing the evidence of official parking receipts. I also sent copy of my AMNH tickets to prove I was there all day.

Who did you send the copy to?

Originally Posted by deopiyu

I am not sure if there is any court fees if I win or loose. I have heard that if they declare me guilty i will be paying $ 115 + $30 (court fees) = $ 145. Is this true? Am I going to be paying 145 instead of 90?

That applies to court. Parking tickets are not heard in "court", they are heard at the PVB (Parking Violations Bureau). If you contest in person and lose, you only pay the $115 amount.

Originally Posted by deopiyu

Also I have heard that with City judge you almost don't stand a chance of faitr trial as they know most people don't have time to fight back - so you end up paying for it any way. Is this true?

Depends who you ask. I don't think the PVB is the fairest place to get a hearing, but they do get it right sometimes.

[deopiyu]

Yes - I did plead "Not Guilty" by mail so I don't have chance to go to 66 John St and get a hearing in person.
Let me be specific:
1) I plead "Not Guilty" by mail - sent it to "parking violations hearing by mail" unit in Brroklyn
2) after 3 weeks, I received a letter suggesting "I am offered to pay a reduced fine of $90" by 10/10/08. If i donot wish to accept this reduction OFFER and want an administrative judge to review my case, I do not have to do anything. I will be either found guilty and pay full balance or the summon will be dismissed and I will pay nothing.

Evidence i submitted with original plead:
1) Summon was issued at 3:32 pm. I had a "AMNH Parking receipt" that suggest I came out of AMNH parking at 3:30 pm (infact I paid parking charges after i got receipts which took nmore then minute so i came out of AMNH around 3:31pm - I wrote this in my letter).
2) Copy of AMNH tickets that suggets I entered AMNH at 11:00 am.

I am hoping that the evidence provided above is good enough to show that I was not parked in front of AMNH parking exit gates but was just coming out of the gate and waiting for the ongoing traffic to ease before i can enter main street.

Since, you mentioned parking tickets are heard at "Parking Violations Bureau" - I don't think i need to worry about court fees after administrative judge review. In that case i think i should take my chances of judge review. Worst - I will end up paying $115, but I will not regret that I didn't try. Let me see what judge thinks of the evidences I presented.

What do you think "You are guilty" - Am I guilty?

[You Are Guilty]

Originally Posted by deopiyu

What do you think "You are guilty" - Am I guilty?

Not that my opinion counts, but I wouldn't think so. Problem is, the Administrative Judges seem to like to find everyone guilty no matter what their proof is. Let us know how yours turns out.

[deopiyu]

- Justice prevailed
I had to send documents supporting my case twice before an administrative judge actually looked at it. I received a notice suggesting I should pay reduced fine of $90 twice. I responded both the times with copies of all the documental evidence suggesting I was not illegally parked.
After reviewing Judge dismissed the case and I received a letter suggesting I owe $0.00.
Thank you “You are Guilty” for your advice and support all along!!!
I hope this information helps to others who do have proper evidence to present to the judge.
List of Documents I presented to the court included:
- A letter describing events
- Sketch of location
- Receipt of AMC parking facility showing time of departure
- AMC tickets showing time of departure
- Statement of co-passenger