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NY City Parking Ticket - Wrong Vehicle Make / Missing Name of Operator / missing VIN

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John_NJ_NY

Junior Member
Yesterday I had a memorable experience with one of the most arrogant police officer. She issued a parking ticket for double parking (f) (1) for showing respect to other driver. Unfortunately, I was quite courteous and trying to give way to the vehicle who was in parked position and trying to pull out on a street. I was in the right lane, when I saw a vehicle trying to pull out and I just stopped to give him a way without risky maneuvering of my vehicle to left lane and keep going.

I am planning to fight this ticket due to multiple violations on ticket. First, officer should have asked for my ID or she needs to write that I refused ID. However, she didn't care for any information except noting my license plate. second, she has identified my vehicle as Acura (which I never owned). My vehicle is "Infiniti". Third, despite my presence in vehicle and I extended my hand to take the ticket, she just slapped the ticket in wiper blade and walked away.

I had two more passenger in my vehicle along with my spouse. They all witnessed the drama played by an arrogant officer.

What is the best method to dismiss this ticket? Any guidance is highly appreciated.
 


The Occultist

Senior Member
Firstly, do note that stopping to allow a parked vehicle to move in front of you is illegal and you were given the proper citation.

As for ticket defects, there are NUMEROUS posts on this forum that will tell you which defects on a NY parking ticket will allow a dismissal; search for posts by the user You Are Guilty as he has offered his insight numerous times.

As far as the officer's actions go, they will have no bearing whatsoever on your situation. If you feel she was acting in a fashion that was inappropriate, you may file a personnel complaint against the officer, but allow me to reiterate that doing so will not in any way help get your ticket dismissed.
 

patstew

Member
Yesterday I had a memorable experience with one of the most arrogant police officer. She issued a parking ticket for double parking (f) (1) for showing respect to other driver. Unfortunately, I was quite courteous and trying to give way to the vehicle who was in parked position and trying to pull out on a street...Third, despite my presence in vehicle and I extended my hand to take the ticket, she just slapped the ticket in wiper blade and walked away.
You conveniently neglected to detail how courteous your interaction with the officer was -- which I suspect was why she put the ticket on your windshield.
 

John_NJ_NY

Junior Member
Unfortunately, I didn't have any conversation with the officer. I rolled down my driver side window and tried to tell her that "Officer, I am just giving a way to a vehicle to avoid accident". She didn't even looked at me and just kept entering my vehicle license plate in her handheld unit.

The ticket says that "I affirm under penalty of perjury(Penal Law 210.45) that I personally observed the offense charged above; If the operator was present I indicated the operator's name or indicated "ID Refused" and personally served this notice upon him/her, if the operator was not present or refused to accept personal service of this notice, I affixed the notice to the vehicle."

Despite my presence, she neither approached me for any information nor even cared to give ticket in my hand (I extended my hand when she walked towards my vehicle). In my personal opinion she was quite rude and if I read above statement correctly, an officer has committed perjury.

I am also surprised by earlier post who says that it is illegal to give right to the vehicle who is pulling out from parked condition. If I have a choice between a collision or break the law for being a nice person, I would still prefer the later option.
 

HomeGuru

Senior Member
Unfortunately, I didn't have any conversation with the officer. I rolled down my driver side window and tried to tell her that "Officer, I am just giving a way to a vehicle to avoid accident". She didn't even looked at me and just kept entering my vehicle license plate in her handheld unit.

The ticket says that "I affirm under penalty of perjury(Penal Law 210.45) that I personally observed the offense charged above; If the operator was present I indicated the operator's name or indicated "ID Refused" and personally served this notice upon him/her, if the operator was not present or refused to accept personal service of this notice, I affixed the notice to the vehicle."

Despite my presence, she neither approached me for any information nor even cared to give ticket in my hand (I extended my hand when she walked towards my vehicle). In my personal opinion she was quite rude and if I read above statement correctly, an officer has committed perjury.

I am also surprised by earlier post who says that it is illegal to give right to the vehicle who is pulling out from parked condition. If I have a choice between a collision or break the law for being a nice person, I would still prefer the later option.
**A: now where is the rest of the story?
 

John_NJ_NY

Junior Member
A: now where is the rest of the story?

I didn't get you. I thought that my first post and reply give the analysis of whole situation. Am I missing something?

How about the information given in the following PDF document?

http://www.z3ers.com/online/nycparking/pvo_itslaw_00.pdf

Though the document may be outdated, it says that "You have the right to have a parking ticket dismissed upon application, if one or more of the following items is missing, incomplete, misdescribed or illegible as determined by a DOF Administrative Law
Judge*:

PLATE INFORMATION
MAKE
BODY TYPE ... etc.
 

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