waiting for a spot

[sparky2x]

What is the name of your state? NY

I work in NYC and ususally try to switch spots with a person that is leaving their shift. One particular day, I noticed a woman putting items in the back seast of her car and pulled up and asked if she was leaving. She said yes, so i put on my right blinker and waited for her to pull out of the spot. It wasd no more than 10 seconds later that a traffic officer pulled up behind me and proceeded to write me a ticket for double parking. I got out of the car and explained that I was wwaiting to pull into the spot that the lady was vacating, but the officer stated that it didnt matter and gave me the ticket anyhow.

Anyway, I understand what double parking is and I have read a bunch of threadss on this site so Now I understand what standing and stopping are as well. I was going to just pay the ticket but it is $115, so I figured I would ask around first.

Do I have a leg to stand on with my story, if I decide to dispute the ticket?

Thanks

 

[seniorjudge]

Q: Do I have a leg to stand on with my story, if I decide to dispute the ticket?

A: Since you have admitted to double-parking, then I am not sure what your defense would be.

 

[sparky2x]

My defense would be that I was waiting for the woman to pull out of a spot. It was not a lengthy amount of time. We are talking about 30 seconds. She was just starting her car and getting situated before pulling out.

This situation was not like some of the other threads where people were running to get money from the ATM or waiting for someone to come out of a store.

 

[Zigner]

I'd agree that, in this instance, our OP was not double parked. However, it really becomes a cost vs benefit thing to try to fight it. You can get the fine knocked down a fair amount just by asking...

 

[seniorjudge]

Here is one definition of double-parking: I defense would be that I was waiting for the woman to pull out of a spot.

 

[Zigner]

Here is one definition of double-parking: I defense would be that I was waiting for the woman to pull out of a spot.

Really - and what cite would you provide for that definition?

SJ - I'm just messing with you on that. In any case, in MY opinion, this would not be worth the fight. OP should ask about a reduction and seriously consider paying it outright.

 

[sparky2x]

OK senior judge I understand what yoiu are saying. I obvisiously am not a trial lawyer, so I am not even going to try and argue with you. lol. But remeber this, sometimes things are not cut and dry, right or wrong. As a matter fo fact, there are usually other circumstances involved.

 

[Perky]

New York defines it this way:
Standing or parking on the roadway side of a vehicle stopped, standing or parked at the curb; in other words, "double parking". (Violation Code 46)

http://www.nyc.gov/html/dof/html/parking/park_tickets_violations.shtml

 

[sparky2x]

I explained the situation. The woman was in the drivers seat starting the car and putting on her seatbelt. obvisiously I was not timing her. It was the average amount of time that it takes someone to pull out of a parking spot

 

[seniorjudge]

Really - and what cite would you provide for that definition?

SJ - I'm just messing with you on that. In any case, in MY opinion, this would not be worth the fight. OP should ask about a reduction and seriously consider paying it outright.

The cite on that is BR-549.

 

[Zigner]

SJ - before you go to the trouble - here's some information backing up your earlier contention:

http://www.nyc.gov/html/dof/html/parking/park_tickets_violations.shtml

EDIT: Darn - SJ was too quick for me!

 

[sparky2x]

New York defines it this way:
Standing or parking on the roadway side of a vehicle stopped, standing or parked at the curb; in other words, "double parking". (Violation Code 46)

http://www.nyc.gov/html/dof/html/parking/park_tickets_violations.shtml

OK then what is stopping because I know I was not standing or parking

 

[seniorjudge]

OK then what is stopping because I know I was not standing or parking

If your wheels were not rolling, you were stopped.

Here is one definition of stopping: I noticed a woman putting items in the back seast of her car and pulled up and asked if she was leaving. She said yes, so i put on my right blinker and waited for her to pull out of the spot.

 

[Zigner]

New York defines it this way:
Standing or parking on the roadway side of a vehicle stopped, standing or parked at the curb; in other words, "double parking". (Violation Code 46)

http://www.nyc.gov/html/dof/html/parking/park_tickets_violations.shtml

Oops - didn't see your post - but I would have gone with Violation Code 45 -

 

[sparky2x]

If your wheels were not rolling, you were stopped.

Here is one definition of stopping: I noticed a woman putting items in the back seast of her car and pulled up and asked if she was leaving. She said yes, so i put on my right blinker and waited for her to pull out of the spot.

So by that rationale I was stopped and not actually standing or parked. And the law apparebntly states that you can not stand or park next to a vehicle at the curb. That would lead you to believe that you may STOP though/.