Kajeki_NYC
New member
New York City:
On a Tuesday evening at 9pm, I parked on 47th st between 9th and 10th Ave, where all the street parking signs were removed. Cars were parked on both sides of the road.
When I checked for the car the next afternoon at lunch, the car had been towed (at 12:06pm) and new "No Parking" signs had been installed - perhaps overnight or that morning, I need to call DOT to confirm.
I took pictures when I parked of the missing signs on the block. Of course I'm going to fight this ticket but, critical thinkers, do I have a fighting chance of beating this ticket? I've noted some good defenses.
I was parking a Georgia State license plate so a No posted sign defense might be strong.
Thanks for your help and even the hecklers
_______
Some logic behind my defense after perusing this site and others:
It is for the very reason that ignorance of the law is not a defense that the very integrity of our freedom as citizens requires fair warning of the law before we may be held accountable and punished under its commands. (Lanzetta v. New Jersey (1939), 306 U.S. 451, 453) As the U.S. Supreme Court more eloquently expressed in Grayned (Grayned v. City of Rockford (1972), 408 U.S. 104, 108) :
because we assume that man is free to steer between lawful and unlawful conduct, we insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly.
the City did not meet its burden by providing you adequate notice on its parking ordinance as required under the Vehicle Code and under due process requirements. Challenge the weight of evidence supporting that the lack of signs on the street provide ineffective warning.
On a Tuesday evening at 9pm, I parked on 47th st between 9th and 10th Ave, where all the street parking signs were removed. Cars were parked on both sides of the road.
When I checked for the car the next afternoon at lunch, the car had been towed (at 12:06pm) and new "No Parking" signs had been installed - perhaps overnight or that morning, I need to call DOT to confirm.
I took pictures when I parked of the missing signs on the block. Of course I'm going to fight this ticket but, critical thinkers, do I have a fighting chance of beating this ticket? I've noted some good defenses.
I was parking a Georgia State license plate so a No posted sign defense might be strong.
Thanks for your help and even the hecklers
_______
Some logic behind my defense after perusing this site and others:
It is for the very reason that ignorance of the law is not a defense that the very integrity of our freedom as citizens requires fair warning of the law before we may be held accountable and punished under its commands. (Lanzetta v. New Jersey (1939), 306 U.S. 451, 453) As the U.S. Supreme Court more eloquently expressed in Grayned (Grayned v. City of Rockford (1972), 408 U.S. 104, 108) :
because we assume that man is free to steer between lawful and unlawful conduct, we insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly.
the City did not meet its burden by providing you adequate notice on its parking ordinance as required under the Vehicle Code and under due process requirements. Challenge the weight of evidence supporting that the lack of signs on the street provide ineffective warning.
