• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Traffic Obstruction Ticket Question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

muse17

Junior Member
What is the name of your state (only U.S. law)? New York

I recently got a "traffic obstruction" ticket on a very wide one-way (used to be a two-way with parking on one side) for being about 1 foot out (the car behind me was parked similarly but then moved so mine looked worse). The officer took pictures apparently as well. Not sure how it can be construed as "obstruction" with such a wide street... Should I plead "not guilty" or "guilty with an explanation?" Thanks!

Any other advice on the situation would be great too, thanks again.
 


Banned_Princess

Senior Member
What is the name of your state (only U.S. law)? New York

I recently got a "traffic obstruction" ticket on a very wide one-way (used to be a two-way with parking on one side) for being about 1 foot out (the car behind me was parked similarly but then moved so mine looked worse). The officer took pictures apparently as well. Not sure how it can be construed as "obstruction" with such a wide street... Should I plead "not guilty" or "guilty with an explanation?" Thanks!

Any other advice on the situation would be great too, thanks again.
good luck. the police officer has a picture. pay the tiny ticket. no points no foul.

park properly from now on.
 

asiny

Senior Member
Not sure how it can be construed as "obstruction" with such a wide street...
Probably because the law says you should not be parked about 12" from the curb.
Should I plead "not guilty" or "guilty with an explanation?"
"Guilty. But there was another car that had parked that way too- so I thought it was legal to do it. Can I go now without any fines or penalties?"

Yeah, good luck with that.

Best advice- see Banned_Princess.
 

muse17

Junior Member
@highwayman

Thanks for actually responding constructively.

It's in Albany, NY. It was on a very short street that runs through my college campus (which I thought belonged to the school, apparently not) right across from my apartment. The ticket reads for the violation "Viol.: R, Violation description: Traffic Obstruction"

Thanks again for actually helping and not posting pointless comments like those other two. Much appreciated.
 

You Are Guilty

Senior Member
Violation "R" makes no sense - is there a listing on the back of what "R" means?

However, you were in violation of state law (VTL §1203) so if they have a picture of the offense, unless the ticket is written incorrectly, there isn't much you are going to be able to do about it.
 

muse17

Junior Member
No listing of what "R" means on the back unfortunately. The color they listed isn't correct on the ticket, I doubt that's much to go on though. Also recently had my plates changed and they have the old plates on it but the same VIN I assume, also not much to go on.
 

HighwayMan

Super Secret Senior Member
Alot of cities/towns/villages in New York have their own parking ordinances.

Without knowing what the ordinance/statute is there is no way to determine if this was legit. For instance, the ordinance you got cited for violating may explicitly specify that parking a foot or more from the curb is considered to be obstructing traffic.

Does the ticket say ANYTHING about what law you violated? For instance, are there check off boxes for the various violations prefaced with something like "in violation of Albany City Code:" or anything like that?
 

HighwayMan

Super Secret Senior Member
Actually are you sure you weren't cited for violating some university parking regulation? Is it a city ticket?
 

muse17

Junior Member
Definitely not a school ticket, they look different (plus I called up the ticket office in the city hall and they had the information on file there). The only thing that was on the ticket was what I put on here (other than just the description of the car). They wouldn't tell me much when I called other than that the officer took 2 pictures at the time. Still have my doubts about what exactly I violated..

Thanks again for your help highwayman!
 

asiny

Senior Member
Still have my doubts about what exactly I violated...
See above- already given- probable reasons.
In case you missed them;
Probably because the law says you should not be parked about 12" from the curb.
For instance, the ordinance you got cited for violating may explicitly specify that parking a foot or more from the curb is considered to be obstructing traffic.
Not sure how it can be construed as "obstruction" with such a wide street...
Ignorantia juris non excusat (it's been a while since I got to use this).
 
Last edited:

HighwayMan

Super Secret Senior Member
Without knowing what statute you are accused of violating it is impossible for anyone to go any further with this.

There has to be a way for you to find out something about what you are actually accused of.

Maybe you can contact the court or administrative tribunal that adjudicates these tickets to find out.
 

HighwayMan

Super Secret Senior Member
Look at the following:

http://www.albanyny.org/Government/Departments/Treasurer/TreasurerParkingViolations.aspx

Maybe you can pay them a visit to get more information.
 

You Are Guilty

Senior Member
I agree there is a due process/notice issue, but truly, this fight may likely be nothing more than a Pyrrhic victory. All the city/state has to do is amend the ticket to include the proper statute number, and viola, you are back at square one owing on a ticket, except now you have wasted a good amount of time and energy on proving a legal point.

Not suggesting you don't follow through, but do keep the end game in mind before charting your course.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top