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  #1  
Old 09-10-2004, 02:53 PM
beatmix01
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Angry

NYC Parking Violation Question w/ disclaimer.


What is the name of your state? New York

I recieved a ticket for parking in a 'No Standing Anytime Zone" early this morning. The sign was neatly tucked away a few feet behind a sign saying that it was Ok to park there, however lo and behold there was a sign saying that I could not park there.

Here is my question. If they put down all the correct information about the car except they have the color completely wrong, does that make the ticket invalid?
They wrote that my car was Gray where as it is really gold.

In addition there is a section on the ticket which reads and I quote:

"I affirm under penalty of perjury (penal law 210.45) that I personally observed the offense charged above; If the operator was present, I wrote the operators name above or marked the "ID" refused" oval and persoanlly servd this Notice upon him/her, if no name appears above and the "ID Refused" oval is not marked, I affixed this Notice to the vehicle."

I was watched the traffic officer begin to fill out the ticket from beginning to end, however, not once did the office come to me to ask my name or for ID, she merely just put it under my wipers.

Does all of this add up to have my ticket being declared invalid?

TIA!
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  #2  
Old 09-13-2004, 10:20 AM
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Unfortunately, wrong color is not an automatic dismissal. That doesn't mean you can't ask for one on that basis and in fact, sometimes you do get lucky and get it dismissed. More often though, they keep you on the hook.

That other part is (supposed to be) used when you're behind the wheel of the car -- otherwise, how is the agent supposed to know who the "real" owners are?

End result: Might as well contest it on the color, because the "sign defense" you described won't fly at all.
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  #3  
Old 02-09-2005, 04:10 AM
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"YOUR ARE GUILTY"...quite frequently you post incorrect andmisleading information. If you are misinformed, please do not guess.

In the situation mentioned above, the ticket is 100% dismissable. Because the operator of the vehicle was present, the agent/officer must serve him personally in the state of New York. If in your presence, the officer/agent fails to take down your name and license number, then the ticket is void. In fact, at the bottom of each ticket, the officer/agent must attest to the fact that if present, the operator was personally served. You can dispute the ticket on this grounds as long as you can provide evidence that you were there while the ticket was being writting (ie, a badge # or physical description or witness testimony).

The color is issue is irrelevant. If the make or model was incorrect, you'd have a case. Color can be changed easily with a paint job.
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Old 02-09-2005, 08:18 AM
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Thumbs up

Quote:
Originally Posted by NYDriver23
"YOUR ARE GUILTY"...quite frequently you post incorrect andmisleading information. If you are misinformed, please do not guess.

In the situation mentioned above, the ticket is 100% dismissable. Because the operator of the vehicle was present, the agent/officer must serve him personally in the state of New York. If in your presence, the officer/agent fails to take down your name and license number, then the ticket is void. In fact, at the bottom of each ticket, the officer/agent must attest to the fact that if present, the operator was personally served. You can dispute the ticket on this grounds as long as you can provide evidence that you were there while the ticket was being writting (ie, a badge # or physical description or witness testimony).

The color is issue is irrelevant. If the make or model was incorrect, you'd have a case. Color can be changed easily with a paint job.
Wow, how long have you been studying to be so stupid?

Let's see - first, you resurrect a 4 month old post to tell me that I was wrong. Then, you repeat exactly what I originally said as the "right" response. And my personal favorite, you assume, with no basis in fact, that the "operator was present" when the ticket was issued. In fact, I challenge you to prove, based on the OP's post, that he didn't watch the agent give him the ticket from the window of his apartment.

So, "If you are really this stupid, please do not guess."

Jackass.


PS: Based on your whopping one (incorrect) post, I can tell you will have a long and fruitful run here. Please don't hesitate to chime in again with your little pearls of wisdom. I'm sure society will be better for it.
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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.

Last edited by You Are Guilty; 02-09-2005 at 08:21 AM.
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  #5  
Old 02-09-2005, 01:35 PM
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"YOU ARE GUILTY" I am glad to see that you do not dispute your ignorance. Hopefully, in the future you will refrain from sharing it with others. The only thing more egregious than your poor advice is your utter lack of class.
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  #6  
Old 02-09-2005, 02:08 PM
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Quote:
Originally Posted by NYDriver23
"YOU ARE GUILTY" I am glad to see that you do not dispute your ignorance. Hopefully, in the future you will refrain from sharing it with others. The only thing more egregious than your poor advice is your utter lack of class.
Excellent use of today's vocabulary word! Unfortunately though, your powers of logic are not nearly as sharp. You still fail to comprehend that you repeated my correct answer. I would love you for to show me, and everyone else reading, exactly where in NY law where "you" came up with your statements. (Here's a hint: go read some of my posts).

Get back under your bridge, troll.
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Quote:
Originally Posted by me
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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