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obstructing the flow of traffic (while trying to park)

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hanknows

Junior Member
What is the name of your state (only U.S. law)?
New York (city)
Girlfriend got this ticket recently so everything I am posting is 2nd hand information. I questioned her in depth to get as accurate a story as I could.

She was driving on a 2 way (2 lane in either direction) street about to park in a legal space in a residential street in the city. She was also on the (hands free) speakerphone with me at the time.
She found a spot and was approaching it to "set herself up to parallel park"
As she was inching up forward to line up with the empty space she decided to turn on her hazards.
Before she could get far forward enough to back into the spot, a NYC traffic cop quickly pulled in front of her preventing her from being able to get into the spot, jumped out and started writing a parking citation. She initially thought the cop was double parking to respond to a call, in a rather inconvenient location to her.

I do not have the statute # offhand but I believe it is called "obstructing the flow of traffic." From the way she describes the events leading up to it, he may have initially not realized she was in motion. She briefly and politely tried arguing with the cop, of course to no avail. It had to have been pretty evident that her intention was to park in the adjacent spot. This is a street where many times people tend to sit (often with their hazards on) in 1 of the 2 lanes and wait for a spot to open. Police usually scare them to move. She

I'm sure being on the phone with me distracted her partially and slowed down her reactions and the parallel parking process but did not compromise her ability to safely and effectively park. Since I didn't see it, I can't really say how long she was taking to do it.
Though it may also have no bearing, she claims there was no traffic flowing in her direction at the time. I'm sure the hazards drew attention to her from the nearby patrol vehicle.

It's a no point ticket but it's $145 or so. To dispute a parking ticket you first submit a written explanation as to why you believe you are not guilty along with any supporting evidence you can provide, then it gets "reviewed by a judge," a judgement is made and if you are still found guilty you must pay the fine but have the option to request an in-person court hearing to which you can fight for your money back. Aside from indicating the story I wrote here, can anybody recommend a good way to present this?What is the name of your state (only U.S. law)?
 


You Are Guilty

Senior Member
Can't really say much without the actual statute number. In the meantime, do a search for "fatal flaws" or "ticket defects" to see what information needs to be correct on the ticket, and then see if it is. The ticket may be dismissed on that basis without having to argue facts.
 

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