Wrong car color on ticket

What is the name of your state?What is the name of your state? NY

I went to dispute two parking tickets in person. The first was because the time limit on the parking meter was incorrect. It stated 1hr on the ticket and it was actually a 2hr limit. The second one was because the car color was entered incorrectly. It said red and my car is gray. (Both tickets were electronically printed ones.) I got off the first ticket, but not the second. The judge said "the color is not a required element of the summons and an error will not have an impact on the sufficiency of the summons".

I have three questions.
1. Can I appeal the second decision? In my opinion, it really should be the police officer's job to fill in the ticket properly and any mistake should make the ticket invalid.
2. If answered yes to question #1, can I appeal even after I paid the ticket?
3. If I had a chance to do it all over... and I contested these tickets separately, you think I would have a better chance of getting the second ticket dismissed?

Thanks.

[JETX]

Originally Posted by isope

Can I appeal the second decision? In my opinion, it really should be the police officer's job to fill in the ticket properly and any mistake should make the ticket invalid.

If your state laws allow appeal of a traffic court ruling, yes you can appeal. However, you won't win. The judge was correct. As long as the CRITICAL information on the ticket was correct (sufficient to identify the car, like the license plate) an incorrect color is not a fatal error.

If answered yes to question #1, can I appeal even after I paid the ticket?

No. The time to notice the appeal is BEFORE you pay.

If I had a chance to do it all over... and I contested these tickets separately, you think I would have a better chance of getting the second ticket dismissed?

Nope.

After a bit of researching, your answer to #2 is incorrect. They'll refund your payment if the appeal is successful. But, it's probably less likely they will once you've paid it.

Why have fields for the officer to fill out if they're not required/critical? They could spend that extra time filling out more tickets...

[JETX]

Originally Posted by isope

After a bit of researching, your answer to #2 is incorrect. They'll refund your payment if the appeal is successful. But, it's probably less likely they will once you've paid it.

If you check, you will find out that is not true.
When you appeal, you will have to post a bond (usually equal to the amount of the fine, sometimes two times the amount of the fine). If your appeal is successful, you can then ask for a refund of the bond. That is NOT paying the ticket.

Why have fields for the officer to fill out if they're not required/critical? They could spend that extra time filling out more tickets...

Why have a space on a traffic ticket for women's hair color??

[You Are Guilty]

Here's the low down. Your post isn't clear as to when you paid the ticket. If you did so as a result of being found "guilty", you have the option of appealing that decision IF

1) you send a completed "Notice of Appeal" to the NYC PVB Appeals Board within 30 days of the original hearing; and,

2) the proof of payment or payment of the fine and penalty amounts assessed at the original hearing accompanies your Notice of Appeal.


PVB appeals come in 4 flavors: in person, by phone, by mail and by fax (!) You get to pick which is your favorite.

However, under these circumstances, had you read any of my prior posts on this subject, you would have know that the judge's ruling is correct, incorrect color is not a fatal flaw for parking tickets (it used to be many, many years ago, so sometimes, you get lucky and get a sympathetic ALJ who will let you off on that basis, but its rare).


One sentence summary: You can appeal, but you won't win.


{edit}

And since no one ever believes me, go [url=http://www.ci.nyc.ny.us/html/dof/pdf/appfrm.pdf]here[/url] for the Notice of Appeal form and the requirements to file it.

Yeah, I've read some of your posts. I was hoping someone (just one person) would tell me I can appeal with a chance of winning it and tell me how. I'm gonna fill out the appeal form and send it in. Even if you say my chances of winning are nil, at least I've exhausted all avenues. So I might lose out on an extra $.37. It's worth the gamble.

Thanks You Are Guilty and Jetx for your reply/ies.

[JETX]

YAG:
Y'all sure are funny up there in NY.
I have reviewed the form, at the link provided in your post and I was apparently incorrect. In NY you can appeal a ticket after payment. Mea Culpa.

[You Are Guilty]

No sweat. It is retarded and its more proof the system just wants your money, not "justice". I think Rhode Island is (used to be?) similar, but I am unaware of any other state where this is the procedure. Even more reason to contest everything, I guess. Lord knows I do, but then again, I like to park illegally