Ouch! That's a lot of money to pay for a momentary lapse of judgment. During the past couple of weeks, I've received a bunch of calls and comments about sidewalk parking tickets. Can these evil tickets be beaten?
Yes, they can. But, the first and absolutely critical step is to know the rule and how it's enforced.
4-08(e) General no stopping zones (stopping, standing and parking prohibited in specified places).
Let's see what the means in Parking Ticket Land.
The defense was that my client parked his car on a portion of the sidewalk that was not located between the curb and property line and was not intended for use by pedestrians.
How about parking with two tires on the curb?
You would think that parking a car with two tires resting on the curb was legal, based on the definition. But, this is a defense that the Evil Empire will not accept (I tried and lost). My humble opinion is that the judge's think that a photograph can be easily manipulated after the ticket is issued to show a car parked on the curb.
I would check the comment section on the parking ticket to see if the Warrior or Cop noted one or two tires parked on the curb. In this case, I think we'd beat the ticket.
The thrill of victory and agony of defeat. I've raised this defense and won. I've raised this defense and lost. Why? In my humble opinion, the results are different because the judge's and their outlooks were different.
The important argument to make is that you were actively driving out of the driveway and stopped on the sidewalk with your rear tires ________ [resting or not resting] on the sidewalk while the front of your car was in the street waiting for traffic in the roadway to pass. But, never, ever think you can leave your car on the sidewalk and run back into the house to potty up or grab your wallet.
I drove my car out of my parent's driveway, located at 33-25 101 Street in Queens, (which was the property next door to the place of occurrence.
I drove my car out of my parent's driveway. I stopped with the front end of my car in the street and my rear tires on the concrete pavement adjacent to the roadway while I looked around to make sure no traffic was coming before entering the street.
The traffic agent did not enter my name on the parking ticket even though I was sitting behind the wheel of my car when this ticket was issued.
Sidewalk parking tickets are challenging to beat.
I've beaten a bunch of tickets for residents of Queens who parked their car on the sidewalk on their own private property (between the curb and their property line) or not in an area intended for pedestrian use.
But, you must present the proper proof, properly and the necessary proof isn't always easy to secure.
My best advice, don't park your car on the sidewalk, even in front of a car repair shop.
Now that you're an expert on sidewalk rules and defenses, how about double parking? Do you think it wise to double park?
[Larry's note: There is a public easement to walk on the sidewalk that abuts property owned by private citizens. But, the definition for purposes of stopping, standing and parking in NYC does not prohibit stopping, standing or parking on an area not intended for pedestrian use or located between the curb and property (or building) line. Different strokes for different rules and laws].
Yup. It's like when people double park on the unrestricted side of the street on ASP days. They are sitting ducks when the Warriors or Cop have to dance the quota polka.
Hi, Larry. Great info sharing! have you ever have a case where it's involve illegal driveway? Where the house owner insist no parking even on space that seems public street parking?
-If you are issued a parking ticket (and towed) because you parked in front of a driveway, I would try to prove that the driveway was illegal. If so, the ticket will be dismissed.
Hello, I live on a one way street and there is a section of the street that is not paved, there's dirt and most of the time people do not use that section to walk because it is filled with poison ivy. I have lived on this street for over 10 years and I have never received a ticket for parking there. They scraped and paved the streets not so long ago and now the section that we use to park in seems to be in a little tiny bit higher level then the road. That's the only reason I could think of why I was ticketed. Two other cars from the street also go ticket. I was wondering if you think I should fight this ticket or just pay it?
What was the parking ticket for?
Hi Larry, sorry I forgot to mention it was for parking on the sidewalk.
Sidewalk tickets are very challenging to beat.
Were there any omitted, misdescribed or illegible required elements?
If so, you win upon presenting the proper proof properly.
parking ticket was not a sidewalk.
I parked in front of a driveway on the odd side of the street, across a school building that the driveway belongs to.
I got a sidewalk ticket, but in "place of occurrence" it says "opposite of 4509 9th ave. There's is no such an address of 4509 9th ave. The officer read the school building address incorrectly, because the school address across is 4500 9th ave. not 4509.
Do I have any chances to win the violation in such a case?
Somebody told me to mention that according to code 408 I can easily win the case. Is that true?
Sorry for the delay, but I just returned from a wonderful visit to Seattle to see my children and granddaughter.
Nicely done! A misdescribed place of occurrence is a winning defense. Please be sure to present the proper proof that 4509 9th Avenue doesn't exist.
Four wheels is an appropriate comment to enter on the ticket. It's telling the judge that all four of your wheels were stopped on the sidewalk.
1. Any omitted, missing, or illegible required elements?
Hi Larry I parked my vehicle with two tires on the curb and the traffic agent ticketed me saying parked on the sidewalk with the ticket hiding under the windshield. I didn't see the ticket until 5 days later.
The agent knew he had no case if I found the ticket and took pictures.i had already moved the vehicle with no pictures taken.
Sorry about your "sidewalk" parking pain.
Pictures would not matter. I've fought this fight and raised the same defense with photos and an entire line of cars parked with two tires on the curb (FYI, the curb is considered part of the roadway) AND STILL LOST.
The judge didn't find our proof persuasive. Appealed and lost again Yikes!
Is a sidewalk a no parking / standing /stopping zone? I left my car in my father's driveway to pick him up to go to a doctor's office. I left it at the beginning of the sidewalk so he could get in from the sidewalk (he's 95 and uses a wheelchair) and was ticketed in those few minutes when I went to get him. How can I beat this?
A sidewalk is a No Stopping Zone.
I'm afraid your current explanation is not a winning defense to a sidewalk violation.
Without digging deeper into the substantive complaint, I suggest you check the front of the ticket for any omitted, misdescribed, or illegible required elements. If you find one or more, you win, subject to presenting the proper proof properly.