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The Wonderful Reference Guide to:

        • Parking Tickets
        • Parking Garages
!   !   • Traffic Tickets

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Table of Contents                   !


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Why tip?

The average parking attendant earns $19,650*, which is less
than half of the average salary in New York City. Additionally,
attendants surveyed by Park It! Guides generally indicated that
they would be inclined to ’go the extra mile’ for a consistent and
good ’tipper.’

When to tip

The majority of people tip, using that practiced sleight of hand,
when the valet retrieves their car. Some garage companies
suggested to us that customers tip when they drop off their cars
as a way to ensure that the valet will take particular care when
parking their vehicles. Another good reason to tip when dropping
off is that valets who work during the day may not benefit from
the tips customers give when they pick up their cars. However,
most of the larger garages with multiple valets will pool their tips
either by shift or for the entire day.

How much to tip

Most people tip $1-2 each time they park. Some monthly parkers
give a larger amount during the holiday season.



*Bureau of Labor Statistics, May 2007




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Pick Your Garage

Pre-plan your 1st and 2nd choices for parking. You’ll save more
than a few minutes when you don’t have to circle the block.

Don’t Overpay

Most theater district garages and lots post a higher rate for
matinees and evening performances.

Make a Day of It

For matinees, find a great $10 Early Bird Special rate a little
farther away. You’ll feel great that you got a bit of exercise
walking to the theater, and you can use your $20 plus in savings
for shopping or a meal with a friend. For evening performances,
park after 6 or 7pm to get an Evening Special rate.

Scout the Rates

Spend a little time researching the rates in Park It! NYC. There
are some great deals; you just have to find them.

Get Your Car Quickly -Pay in Advance

If the garage has a flat rate, try to pay in advance so you can just
pick your car up when you’re done.

Call Ahead

When you drop off your car, arrange that you’ll phone when
you're 10 minutes away so they have your car ready.

Tip Beforehand

$1 to $2 can go a long way when you drop off your car

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Security

You may feel more comfortable parking in or walking late at night
to a garage that is well-lit from the outside and inside, and where
the valet booth is located near the entrance.

Reliability

The larger companies most likely have employee standards that
provide for a more enjoyable parking experience and some
recourse if you have a complaint. Of course, this is not to say
that an independent garage owner would not strive to deliver
superior service.

Discounts

From time to time, some of the larger garage company’s offer
discounted rates for frequent customers. Edison Park Fast’s Pay
Fast card allows you to pay in advance and receive a discount at
the Hippodrome garage. Icon Parking offers discount coupons on
its website.

Oversize vehicles - If your car, van, or truck exceeds certain
height and/or length measurements, you will typically pay an
extra five to ten dollars to park your car.




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Take your valuables

Always try to take with you or conceal all your personal and
valuable items when you park, such as house keys, loose change,
EZ Pass, phone charger, and documents. Garages do typically
have a strict no-tolerance policy when it comes to employee
theft, but nearly every garage’s claim check clearly states that
’garages are not responsible for items left in cars’.

Inspect your car

Walk around your car with the valet to confirm any existing
damage that you may have. This documentation gives you
recourse if you find any damage when you retrieve your car.

Know your numbers

Make sure you write down the exact address and phone number
of the garage on your claim check. Then put the claim check
where you won’t forget it.

Bumper guards

Some garages provide these guards for a small fee, or you can
purchase your own.




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What is considered an Oversize vehicle?

The standard definition is: SUVs and other Oversize vehicles 181"
or longer or 70" or higher (or 75" regardless of length)

Check below to find the vehicles that typically incur the
surcharge. From 2006 – 2008, about 90% of all garages and lots
charged between $5 – 10 extra, but rarely went over $10. When
Park It! NYC surveyed all 1,093 garages in May 2008, we found
that 88% of facilities continue to have a SUV/Oversize surcharge,
but now the rate has increased to an average of $10. For the first
time, we are seeing a number of garages charging $11 and a few
locations are charging up to $20!

How to avoid the SUV/Oversize surcharge

Find the 130 garages that don’t have this surcharge:

Above 110th Street – of the nearly 100 garages above 110th St,
only half charge an average surcharge of $7. That means that 50
garages don’t charge at all!

    • E 86th to E 110th St – 15%, or 10 garages, don’t have a
       surcharge

    • 23rd St to Chambers between Park Ave S and Bowery – 27%,
       or 15 garages, don’t have a surcharge

    • Avoid 42nd to 23rd St – 40 garages tack on $11-$20 extra

These vehicles are most likely to incur the surcharge:




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SUVs

Audi Q7 BMW X5 Buick Enclave, Rainier, Rendezvous Cadillac
Escalade, SRX Chevrolet Suburban, Tahoe, Trail Blazer SUV LT &
SUV EXT Chrysler Aspen Dodge Durango Ford Excursion,
Expedition, Explorer XLT V6 & Eddie Bauer V8 GMC Acadia, Envoy
SUV LT & EXT LT, Yukon Hummer H1, H2, H3 Infiniti QX Isuzu
Ascender Jeep Commander Land Rover LR3, Range Rover, Range
Rover Sport Lexus GX, LX Lincoln Aviator, MKX, Navigator Mazda
CX-9 Mercedes-Benz G-Class, GL-Class, R- Class Mercury
Mountaineer Mitsubishi Endeavor, Montero, Outlander Nissan
Armada, Pathfinder Pontiac Aztec, Torrent Porsche Cayenne Saab
9-7X Saturn Outlook Subaru B9 Tribeca Toyota 4Runner, FJ
Cruiser, Highlander SUV , Land Cruiser, Sequoia Volkswagen
Touareg Volvo V70/XC70, XC90

MINI VANS

Buick Terraza Chevrolet Astro, Express, Uplander, Venture
Chrysler Town & Country Dodge Caravan/Grand Caravan,
Sprinter Ford Econoline, Freestar, GMC Savanna Honda Odyssey
Hyundai Entourage Kia Sedona Mercury Monterey Nissan Quest
Saturn Relay Toyota Sienna

SEDANS

Buick LaCrosse, LeSabre, Lucerne, Park Ave Cadillac DTS, STS
Chevrolet Impala

Chrysler 300 Dodge Charger Ford Crown Victoria, Five Hundred
Jaguar XJ-Series Lexus LS 460 Lincoln Town Car Maserati
Quarttroporte Mercury Grand Marquis




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Read the claim check

Confirm that the time stamped on your claim check is the actual
time you parked.

Overnight

Some garages charge the overnight rate only after 5-6am.

Leave your key

Forget to leave your key and the garage may charge you from
$25 to the full towing fee.

Large vehicle surcharge

Know if the dimensions of your vehicle typically incur this
surcharge.

Event rate

Garages have a range of rates for conventions, sports, and other
events. Confirm the rate before you park your car. On major
holidays or festivals (Thanksgiving, July 4th), consider parking
just a little farther away and taking public transportation or
walking to your destination.

Know the times

Most of the rates have a clearly posted entry time (e.g. by 7pm,
6-9am, after 3pm), but sometimes the exit time will simply read
9pm. Be sure you know if these times are ’before’ or ’after’ the
posted time.




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The Department of Consumer Affairs (DCA) licenses and
regulates all parking facilities.

Garages must submit a rate change to the DCA at least 60 days
prior to posting and charging the new rate. Garages will typically
submit a relatively high rate increase and after the 60 days they
can charge any rate that is lower without giving any notice.

For example, ABC garage submits a rate increase from $10 to
$50 for 1 hour. After the 60 days, it can charge anywhere up to
$50 at any time. Garages are not required to post the new rates
prior to implementing the increase.

Here are some key events that may trigger a rate change.

Garage closes

When one garage or lot closes, other neighborhood garages will
raise their rates.

Seasonality & events

Some garages adjust their rates in areas where the demand for
off-street parking increases or decreases during part of the year.
Most garages will create an ‘event’ rate for major holidays and
festivals.




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Manhattan has 100,000 licensed off-street parking spaces

    • 66% of garages are open 24 hours

    • 97% of garages have valet parking

    • 80% of garages are indoor - 88% of garages charge an
       average surcharge of $10 for SUVs and oversize vehicles

    • 27% of garages do not take credit cards

    • 17% of garages transport cars via an elevator. Of these
       garages, 61% have just one elevator while 37% have two
       elevators and only 2% have three elevators

    • 2.8% of garages take only monthly parking

    • 277 Park Ave is the most expensive garage for monthly
       parking

The streets with the most garages are:

    • 16 garages-E 80th St

    • 14 garages-W 56th St

    • 14 garages-W 43rd St

    • 12 garages-E 63rd St

    • 12 garages-E 54th St

    • 11 garages-W 58th

    • 10 garages-W 36th St




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The steepest driveways are (we believe):

    • 215 E 95th St 1

    • 96 E 75th St

The longest driveway seems to be:

    • 200 E 65th Street

The smallest garage is:

    • 324 E 11th St, with 7 spaces

The largest garages are:

    • 3500 spaces Pier 40/West St

    • 1850 spaces 1 West End Ave

    • 1500 spaces 218 W 31st St

    • 1365 spaces 115 Ft. Washington Ave

    • 1248 spaces E 116th @ FDR (opens 2009)

    • 1000 spaces 622 W 57th St

    • 998 spaces 401 W 42nd St (self park)

    • 988 spaces 56 Greenwich St




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Hotels with their own garage:

    • Crown Plaza Holiday Inn

    • Millennium Hilton

    • Parker Meridian

    • Waldorf Astoria Hampton Inn

    • Hyatt NY Palace Hotel Skyline Hotel

    • Hilton Marriott

    • Park Lane

    • Trump Plaza




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Garage Attendants are parking your car in 97% of
Manhattan’s garages.

What do you do if you like to park your own car, rather than
trusting the Valet? Just park in these 21 garages and outdoor
lots:

Note: We haven’t included the Monthly or Tenant Only garages
where you park your own car, just those for casual parking.

• 3875 9th Ave • 115 Fort Washington Ave, Washington Heights •
3333 Broadway, Hamilton Heights • 121 W 125th St, Harlem •
Mount Sinai Medical Center, 1 Gustave Levy Place, East Harlem •
Museum of Natural History, 20 W 81st, Upper West Side • 103 W
62nd St, Lincoln Center • Circle Line, Pier 83/12th Ave @ W 43rd
St, Clinton • Circle Line, Pier 81/12th Ave @ W 41st, Clinton •
401 W 42nd St, Clinton • 1 Penn Plaza, Chelsea (Valet for special
events) • 218 W 31st St, Chelsea • 2500 FDR bet 25th/26th, Kips
Bay • New York Skyports Inc., E 23rd St & East River, Kips Bay •
Chelsea Piers at W18th-W21st, Chelsea • Pier 40 West St/West
Houston, Hudson Sq. • 23 Baxter St – Automated Garage • Muni
2, Delaney & Essex Garage, 107 Essex St, Lower East Side • Muni
1, Broome & Ludlow Garage, Lower East Side • 55 Water St,
Financial District • 56 Greenwich St, Financial District




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There are 16 intersections in NYC where you can make a left turn
on a red light.

Manhattan

    • Adam Clayton Powell Blvd at W 153rd

    • Seventh Ave/West Broadway at West 153rd St

    • Little West 12th St at West St

    • Adam Clayton Powell Blvd at W 152nd St

    • Amsterdam Ave at W 154th St

    • Canal St at Chrystie St

    • First Ave at E 39th St

Queens

    • Astoria Blvd at Northern Blvd

    • Cross Bay Blvd at East 6th Rd

    • Cross Bay Blvd at Noel Rd

    • Cross Bay Blvd at 11th Rd

    • Cross Bay Blvd at 14th Rd

    • Cross Bay Blvd at 20th Rd

    • Cross Bay Blvd at west 17th Rd




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Brooklyn

•   Concord St at Flatbush Avenue

The Bronx

•   Baychester Ave at New England Thruway exit ramp




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Why Should I Fight?
If you get a speeding ticket in Manhattan, Bronx, Brooklyn,
Queens and Staten Island, you should fight it. A conviction to
speeding will result in points being imposed, a fine, a surcharge
and possibly a driver assessment fee, auto insurance hikes for
speeding 16 mph or higher (or for any speed if you have any
other moving violation or accident on your driving record) and
possible suspension.


What if I lose?
If you plead guilty or fight it and lose, the result is the same. You
get the same number of points and the fine is roughly the same
regardless of whether you “lie down” or “go down swinging”.


Can I make a deal?
No. In New York City, no deals are made. It is “all or nothing”.



Are all speeding tickets the same?
No. A New York motorist can get 3 to 11 points for speeding and
for some higher speeds you can be suspended even for a first
offense.




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The following chart will help you figure this out:

1 - 10 mph over speed limit - 3 points

11 - 20 mph over speed limit - 4 points

21 - 30 mph over speed limit - 6 points

31 - 40 mph over speed limit (possible suspension) - 8 points

More than 40 mph over speed limit (possible suspension) - 11
points


How are points measured?
Points are measured from the date of offense (even if you are
convicted years later). So when adding the possible points for a
newly issued speeding ticket, you must go back 18 months from
the date of the new ticket and determine how many other points
you had on your record during this period.

Is there anything else that I should know about a speeding
conviction?
Yes, if you get three speeding convictions within 18 months your
license is automatically revoked for 6 months.


If I fight it, what is my strategy?
Most people ignore the officer's testimony, fail to ask any
questions and, instead, just tell the judge their story. This
approach is a good way to lose your case. Instead, put aside
your emotions and instead be prepared to listen carefully and ask
the officer good questions.

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So what do I do?
Listen carefully to the officer's testimony and take notes. If the
officer omits critical testimony (ex. date, time, location, direction,
your ID information), then point this out to the judge after the
officer rests.


Can you give me an example?
For instance, I once was fighting a NYC speeding ticket when the
officer testified that the motorist was proceeding east bound on
the Long Island Expressway. The ticket, however, indicated W/B
(i.e., west bound). After the officer rested, I showed the ticket to
the judge who promptly dismissed the case.


What else can I do?
If the officer gives testimony, which is inconsistent with his other
testimony or the information on the ticket, then point this out to
the judge after the officer rests and ask for a dismissal.

Also, after the officer rests, ask to the see his or her notes. Read
them and determine whether his notes are consistent with his
testimony. Any discrepancy should be pointed out to the judge.
 Do not be afraid to ask the officer to decipher illegible portions of
his notes




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What if the officer doesn’t make a mistake or omit
something important?
After the officer rests, it is your turn to cross-examine him or her.
You should still ask thoughtful questions related to your defense.
For example, if your defense is that the officer pulled over the
wrong car, then ask "Where were you when he first saw your
car?" "Did you have to pass any other cars to apprehend me?"
and "How long did you to pull me over?" These types of
questions build on your defense

What happens after my cross-examination?
After cross-examination of the officer, it is time for you to offer
your defense. Speak slowly and clearly. Be prepared to hand up
any evidence supporting your defense such as photos, witness
statements or diagrams. Keep in mind that the judge hears many
cases and, therefore, you should not be repetitive or rambling,
and should only discuss relevant information.

With these tips, you are now better prepared to fight your own
New York City speeding ticket.




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Gather any evidence such as photographs and diagrams.
Lay out your defense and how you intend to present it. The best
way is to start at the beginning
without including meaningless details.

What Do I Do When The Officer Is Testifying?
Put aside the emotions involved with case. Instead, listen
carefully and take notes. Many un-trained motorists basically
ignore the officer's testimony, fail to ask any questions and,
instead, just tell the judge their story. This incomplete approach
is not recommended and is clearly ineffective.

What If The Officer Makes A Mistake During His
Presentation?
Wait for him to rest. I'll say it again. Wait for him to rest. When
he is done, then you can pounce.

What Do I Do If The Officer Fails To Provide Critical
Information?
If the officer omits critical testimony (ex. date, time, location,
direction, your ID information), then point this out to the judge
after the
officer rests.

What Do I Do If The Officer Is Inconsistent?
If the officer testifies inconsistently with his other
testimony or the information on the ticket, then likewise point
this out to the judge after he rests.




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For instance, I once was fighting a NYC speeding ticket when the
officer testified that the motorist was proceeding east bound on
the Long Island Expressway. The ticket, however, indicated W/B
(i.e., west bound). After the officer rested, I showed the ticket to
the judge who promptly dismissed the case.


What If There Are Not Omissions Or
Inconsistencies?
If there are no omissions or inconsistencies (or you argued that
same existed but the judge declined to dismiss), the next step is
for you should still ask thoughtful questions of the officer. For
example, if your defense
is that the officer pulled over the wrong car, then ask "Where
were you when he first saw your car?" "Did you have to pass any
other cars to apprehend me?" and "How long did you to pull me
over?" These types of questions build on your defense.

Anything To Avoid?
Yes, if you believe that the officer omitted something or was
inconsistent, do NOT ask him to fill in the missing item or
clarify. This will only provide him an opportunity to correct his or
her mistake.

What Else Do I Do During Cross Examination?
Ask to the see the officer's notes. The Judge must allow you to
see them. Read them and determine whether his notes are
consistent with his testimony. Any discrepancy should be pointed
out to the judge, as discussed above. Also, do not be afraid to
ask the officer to decipher illegible portions of his notes.



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What Do I Do After I Cross Examine The Officer?
After you cross-examine the officer, it is time to offer your
defense. Speak slowly and clearly. Present any evidence
supporting your defense such as photos, witness statements or
diagrams by handing your documents to the court attendant.
Keep in mind that the judge hears many cases and, therefore,
you should not be repetitive or rambling, and should only discuss
relevant information.


Anything Else?
Prior to fighting your case, watch the judge and how he handles
other cases. Does he listen and take notes? Does he seem
impatient or distracted? If he gets angry out another motorist for
something, avoid such conduct when it is your turn.




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$!
     "#!heads back to his car following a contentious business
     meeting. It's 7:01 p.m. and he's beat. He failed to close the
     deal, and another meeting is scheduled for next week. Joe
     has one more chance to land this coveted prospect.

Joe is ten steps from his car when he notices something on the
windshield. It’s the orange envelope that launches a thousand
epithets, a NYC parking ticket for a No Parking violation. Joe
absolutely, positively remembers the no parking rule displayed on
the parking sign starts at 8:00 p.m., not 7:00 p.m. Joe feels his
blood pressure rising, and his eyes begin rolling around in their
sockets.

Make your car the star

This is the exact moment you win or lose your parking ticket
dispute. Joe loses, if he throws the NYC parking ticket in the
glove compartment of his car, and drives away in a fit of rage.
What should Joe do next?

Joe does not recall seeing a parking sign regulating his parking
space that prohibits parking at 7:01 p.m. He walks the entire
block and discovers he is correct. The parking rule regulating his
space prohibits Parking from 8 p.m. to 10 p.m., Monday
through Friday. Joe is on his way to the goal line. Will he score
or fumble?

Joe reaches for his cell phone camera, and takes a time/dated
photograph of his car in the parking space; with identifiable
landmarks such as the Trader Joe in the background. He takes a
close up of the Trader Joe building, clearly showing the street
address on the front of the building. Joe cuts to his left, and
leaves some would-be tacklers in the dust. Next, Joe takes
overlapping photographs of the entire block showing each parking
sign. He makes sure one of the photographs shows the street
signs. 5-yard line. He snaps close up views of the front and back
of each parking sign.
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Touchdown!

Joe has the proper proof to demonstrate the parking rule
displayed by the parking sign regulating his parking space goes
into effect at 8:00 p.m., rather than 7:00 p.m. If you don’t do
the parking crime, you don’t have to pay the fine. Nice work, Joe.
You win

Link

Here’s a link to a blog post about the proper way to take
photographs to win your parking ticket dispute

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Check your parking ticket very carefully for omitted,
misdescribed, or illegible required elements




"!    !Required Element is a bite size bit of information that must
     be entered on the front of a parking ticket to establish a
     prima facie case by a parking ticket warrior against a
member of the NYC driving public. If any required elements are
omitted, misdescribed, or illegible, the warrior fails her mission of
separating you from your money.

Here is a list of the 10 required elements contained in the
Compilation of the Rules of the City of New York, Title 19,
Section 39-02 et seq.

    1. Registration plate number
    2. The type of registration
    3. The state of registration
    4. The date of expiration
    5. A description of the vehicle
    6. A general statement of the violation alleged, including a
       reference to section 4-08 of title 34 of the Official
       compilation of the Rules of the City of New York or
       applicable provision of the Vehicle and Traffic Law or of
       the Administrative Code of the City of New York or any
       other law or rule
    7. Information as to the days and hours the applicable rule or
       provision is in effect, unless always in effect pursuant to the
       rule or provision and where appropriate the word 'all' when
       the days and /or hours in effect are every day and/or
       twenty-four hours a day
    8. The date and time
    9. The place of occurrence (“P/O”)
    10.     The meter number, if a meter violation




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Larry’s Top 10 Tips
    1. I recommend out-of –state members of the driving public
       always check the expiration date inserted on your parking
       ticket. If the parking ticket warrior inserts, “N/S,” and the
       month and year your registration expires is clearly displayed
       on your plate; fight your parking ticket for an omitted,
       misdescribed required element. You will win.
    2. If a warrior describes your body type as a 2DSD when it is a
       4DSD, it is highly unlikely a judge will dismiss your parking
       ticket for a misdescribed required element. Here’s why.
       39-02 only requires a description of your vehicle, which is
       interpreted by parking judges as “reasonably accurate,” not
       exactly accurate. Figures, right! Please note 39-02 conflicts
       with VTL 238. Unfortunately, NYC parking judges generally
       follow the Rules of NYC when a conflict arises with the NY
       State laws contained in VTL 238
    3. Color, year, and VIN number are not required elements
    4. It is the NYC_DOF policy to require judges to check for
       omitted, misdescribed, or illegible required elements on
       every contested parking ticket. I recommend you point out
       the specific required element you are basing your dispute
       on. Do not rely upon the judge to make your case for you.
       Here’s why. How will a judge know the place of occurrence is
       wrong, unless you present the proper proof? How will a
       judge know your plate number is wrong, unless you provide
       a copy of your vehicle registration?
    5. The place of occurrence may be described in three ways. In
       front of, opposite, or what I call the pirate treasure map
       description, i.e., N/E corner of 32nd Avenue, 50 feet from the
       corner of 32nd Place. Do not assume this mishmash is
       correct. Check it out. If the warrior only inserts “Corner of
       32nd Avenue, fight your parking ticket. You’ll win.
        $&! !

!
6. If “front of,” or “opposite” is not inserted in a digital parking
       ticket, or the proper box checked on a handwritten parking
       ticket, you win upon application
    7. The meter number must be inserted on your parking ticket
       when your parking crime is “expired meter.”
    8. Don’t forget the 5-minute grace period rule applies to Muni-
       meters, street cleaning, and parking signs that display a
       fixed time period for days and hours. Compare the time of
       violation on your parking ticket with the days/hours
       displayed on the parking sign. For example, if a no standing
       rule is from 7A to 10A and your parking ticket is issued at
       10:04A, you win upon application. You own 5 extra minutes.
       Spend them wisely!
    9. The correct violation Code [VC: 46] is not a required
       element; but the correct NYC parking rule [4-08(f) (1)] is.
       The parking rule must match the parking crime with which
       you are charged. If you are charged with double parking,
       and 4-08(f) (1) is NOT inserted in your parking ticket; You
       win, upon application
    10.    A hand written parking ticket is required to have the
      parking ticket warrior’s signature. A parking ticket judge will
      accept almost any mark on the parking ticket. A digital
      parking ticket is not required to contain a warrior’s signature

!

!

!

!

!

!

!


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         >PQ;!FR<P="!DOSR!+S!SBR!F+IR!+KKTR!
+GGA$:!K&.,A**!!

          ou are required to complete an application for appeal,
          which is supplied by the Department of Finance,
          !
          Adjudication Division. Here's a link to the web page
where you can download the application. The following is a list of
documents you must provide with your appeal application:

    •   The original judge's decision
    •   The original ticket, or a copy of each
    •   All evidence that you submitted at the original hearing

If you did not pay your fine prior to your appeal, payment must
be enclosed with your application for appeal; or the Appeals
Board will not consider your appeal.

Your application for appeal, supporting documents, and payment
for your parking ticket must be received by the Adjudication
Division on or before 30 days from the date of the original
judge's decision. Although this time period may be extended in
the "interests of justice," it is highly unlikely that you will qualify
for this extension.

If you make any mistakes, your application will be returned for
correction. However, you must re-submit your corrected
application within the original 30-day period to perfect your
appeal.




         %$! !

!
How to set forth your reasons why the original decision
should be reversed

    •   There are a gazillion appeals processed every year. Your
        argument should be objective, respectful, and directed to a
        mistake of law or fact made by the original judge
    •   Keep your emotions to yourself. Your anger and ranting will
        not enhance your chances of success.
    •   You cannot submit additional evidence. You can only direct
        your argument to evidence you submitted at the original
        hearing; unless the respondent consents (Yea right!)
    •   Respectfully refer the Appeals Board to the specific rule of
        law that the original hearing officer misapplied.
    •   Be persuasive! By that I mean, do not merely parrot
        conclusions. No one likes to be told how to think. Lead the
        Appeals Board to the "right conclusion" by submitting facts
        that allow the Appeals Board to reach the only reasonable
        decision, in your favor

Your appeal will be heard on the papers, unless you specifically
request an in-person hearing. You must make your request for an
in-person hearing by checking the appropriate box on the
application for appeal.

You will find the rules covering appeals at Title 19, Section 39-12.




         %%! !

!
$_)H&!)H(!$H&#)(B+!!!
!




    %&! !

!
An avid lover of New York City and
            passionate that parking shouldn’t ruin your
            day or cost you too much, Ms. Tohn set out
            in 2006 to create Park It! NYC. Her efforts
            spanned 18 months of working with the
            Department of Consumer Affairs, driving
            every single street in Manhattan, creating
            maps that are easy to read, and devoting
            endless hours to organizing and confirming
            data. “I couldn’t believe that a city as big
            and wonderful as New York City still had
            parking as a major issue for residents and
            visitors. So I set out to make parking easier
            and painless for everyone.”

            Park It! NYC 2007 received widespread
            media coverage including network television,
            two features in The New York Times, radio
            interviews, an AAA-NY endorsement, the first
            feature of a self-published book from Cornell
            Alumni Magazine, articles in NYC newspapers
            Newsday and NY Daily News, and features
    %'! !   from suburban and other Metro-NY
!           newspapers. Park It! NYC is now recognized
            as the authoritative resource for parking
            garage information.
Margot Tohn has over fifteen years’ experience
            in international marketing and product
            management, specifically managing major
            start-up projects for the financial services and
            publishing industries in New York, San
            Francisco, and Australia.

            While working for News Ltd. in New York and
            Murdoch Magazines in Australia, she
            established one of the first loyalty programs
            for magazine advertisers, launched several
            new consumer titles, and developed innovative
            marketing strategies for subscription and
            advertising campaigns.


            !




    %(! !

!
Her work in financial services involved
            being on Westpac Banking
            Corporations’ lead marketing team for
            two of Australia’s largest financial
            services mergers and managing part of
            Westpac’s Sydney 2000 Olympic
            Games sponsorship, before she joined
            the Schwab Fund for Charitable Giving
            as Marketing Director and raised more
            than $250 million for one of the US’
            largest donor-advised fund, a public
            charity.




                 CONTACT INFORMATION:

                  www.parkitguides.com


                               !




    %)! !

!
Matthew J. Weiss, Esq. graduated Hofstra Law
            School in 1984. He was Law Review and won the
            law school's prestigious Procedure ward. Upon
            graduation, he became one of the first Hofstra
            Law School graduates to work at the New York
            State Court of Appeals (New York State's highest
            court) working on various appellate matters.

            Mr. Weiss then worked for two years at Rivkin,
            Radler, Bayh, Hart & Kremer, a 200-plus-
            attorney law firm, representing various clients,
            such as municipalities, insurance companies and
    &+! !
            large corporations, in various litigation matters.
!           He also continued to do substantial appellate
            work.

            !
In 1991, Mr. Weiss co-founded his private law
            practice eventually buying out his former partner
            in 2000. Through the years, Weiss & Associates,
            PC has successfully resolved 1,000s of traffic
            tickets and trucking tickets for its clients by way
            of dismissal or plea bargain. Mr. Weiss has
            written many articles on vehicle and traffic law,
            and lectures other lawyers on this subject. His
            blog "Confessions Of A Traffic Lawyer" regularly
            discussions various vehicle and traffic law issues,
            and his web site New York traffic ticket lawyer
            has all types of valuable information.




                      CONTACT INFORMATION:

                         www.nytrafficticket.com

                          (800) 888-RED-LIGHT
            !




    &*! !

!
We are in the business of fighting your NYC
      parking tickets and winning! Our goal is to deliver
      valuable information about parking ticket rules
      and regulations to the NYC private and
      commercial driving public. We are passionate
      about empowering you to navigate the highways
      and byways of NYC, while avoiding the sting of a
      parking ticket warrior's scanner.

      Lawrence Berezin’s 34 years experience as a New
      Jersey attorney is a tremendous asset in
      understanding the oftentimes confusing and
      conflicting parking rules and regulations aimed at
      parting you and your money. I will help you
      answer with confidence the question, "Can I park
      here?"


    &"! !

!
Please join the conversation and community.
            You help everyone when you share your NYC
            parking experiences




                    CONTACT INFORMATION:

                   www.newyorkparkingticket.com

                          (800) 249-5048




            !




    &#! !

!

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Your Wonderful Reference Guide

  • 1. The Wonderful Reference Guide to: • Parking Tickets • Parking Garages ! ! • Traffic Tickets ! ! ! ! !
  • 2. Table of Contents ! ! "#$%&'(!)*'+!! ,-./!,-01/!#234&5678! ! ! "#$%&'(!&,)+! &-09:;0!<5=:;5>:!%9;?51@7A!!!! ! "#$%&'(!&#(''+!! #23!:2!B0C0>:!9!%9;?51@!D9;9@07EF!! ! "#$%&'(!G)H(+!! B9I0:.!&56=7EJ!!!! ! "#$%&'(!GKL'+!! BHL!M!)N0;=5O0P!L0-5>C0!BQ;>-9;@0=7ER! ! "! ! ! !
  • 3. "#$%&'(!BKS+!! $N25P51@!'T:;9!"-9;@0=!7EU!!!! ! "#$%&'(!B'L'*+! ,-.!(9:0=!"-91@07EV!!! ! !"#$%&'(!'KD#&+!! *W"!%9;?51@!B:9:5=:5>=7JE!!!!! ! "#$%&'(!*K*'+! %9;?51@!.2Q;!231!"9;7JR!! ! "#$%&'(!&'*+!! B600P51@!&5>?0:!&56=7JU! ! ! ! #! ! ! !
  • 4. "#$%&'(!'X'L'*+! #23!:2!%;069;0!G2;!$!&;9II5>!&;59C7YJ!! ! "#$%&'(!&,'XL'+!! Z123C0P@0!5=!%230;7Y8!!!!! ! "#$%&'(!&#K(&''*+!!! (0[Q5;0P!'C001:=7YV!!!!! ! "#$%&'(!G)H(&''*+!!! X9;;.]=!&26!&01!&56=7RJ! ! ! "#$%&'(!GKG&''*+!!! %9;?51@!&5>?0:!%019C:50=7R^!!! ! $! ! ! !
  • 5. "#$%&'(!BKS&''*+!!! <0I01=0=7RU! ! "#$%&'(!B'L'*&''*+!!! %9;?51@!&5>?0:!$6609C=7^F!!! ! ! ! $_)H&!W)H(!$H&#)(B7^Y! !!! !! !!!!!!! !!!!!!!!! ! ! %! ! ! !
  • 7. Why tip? The average parking attendant earns $19,650*, which is less than half of the average salary in New York City. Additionally, attendants surveyed by Park It! Guides generally indicated that they would be inclined to ’go the extra mile’ for a consistent and good ’tipper.’ When to tip The majority of people tip, using that practiced sleight of hand, when the valet retrieves their car. Some garage companies suggested to us that customers tip when they drop off their cars as a way to ensure that the valet will take particular care when parking their vehicles. Another good reason to tip when dropping off is that valets who work during the day may not benefit from the tips customers give when they pick up their cars. However, most of the larger garages with multiple valets will pool their tips either by shift or for the entire day. How much to tip Most people tip $1-2 each time they park. Some monthly parkers give a larger amount during the holiday season. *Bureau of Labor Statistics, May 2007 '! ! ! !
  • 9. Pick Your Garage Pre-plan your 1st and 2nd choices for parking. You’ll save more than a few minutes when you don’t have to circle the block. Don’t Overpay Most theater district garages and lots post a higher rate for matinees and evening performances. Make a Day of It For matinees, find a great $10 Early Bird Special rate a little farther away. You’ll feel great that you got a bit of exercise walking to the theater, and you can use your $20 plus in savings for shopping or a meal with a friend. For evening performances, park after 6 or 7pm to get an Evening Special rate. Scout the Rates Spend a little time researching the rates in Park It! NYC. There are some great deals; you just have to find them. Get Your Car Quickly -Pay in Advance If the garage has a flat rate, try to pay in advance so you can just pick your car up when you’re done. Call Ahead When you drop off your car, arrange that you’ll phone when you're 10 minutes away so they have your car ready. Tip Beforehand $1 to $2 can go a long way when you drop off your car )! ! ! !
  • 11. Security You may feel more comfortable parking in or walking late at night to a garage that is well-lit from the outside and inside, and where the valet booth is located near the entrance. Reliability The larger companies most likely have employee standards that provide for a more enjoyable parking experience and some recourse if you have a complaint. Of course, this is not to say that an independent garage owner would not strive to deliver superior service. Discounts From time to time, some of the larger garage company’s offer discounted rates for frequent customers. Edison Park Fast’s Pay Fast card allows you to pay in advance and receive a discount at the Hippodrome garage. Icon Parking offers discount coupons on its website. Oversize vehicles - If your car, van, or truck exceeds certain height and/or length measurements, you will typically pay an extra five to ten dollars to park your car. **! ! !
  • 13. Take your valuables Always try to take with you or conceal all your personal and valuable items when you park, such as house keys, loose change, EZ Pass, phone charger, and documents. Garages do typically have a strict no-tolerance policy when it comes to employee theft, but nearly every garage’s claim check clearly states that ’garages are not responsible for items left in cars’. Inspect your car Walk around your car with the valet to confirm any existing damage that you may have. This documentation gives you recourse if you find any damage when you retrieve your car. Know your numbers Make sure you write down the exact address and phone number of the garage on your claim check. Then put the claim check where you won’t forget it. Bumper guards Some garages provide these guards for a small fee, or you can purchase your own. *#! ! !
  • 15. What is considered an Oversize vehicle? The standard definition is: SUVs and other Oversize vehicles 181" or longer or 70" or higher (or 75" regardless of length) Check below to find the vehicles that typically incur the surcharge. From 2006 – 2008, about 90% of all garages and lots charged between $5 – 10 extra, but rarely went over $10. When Park It! NYC surveyed all 1,093 garages in May 2008, we found that 88% of facilities continue to have a SUV/Oversize surcharge, but now the rate has increased to an average of $10. For the first time, we are seeing a number of garages charging $11 and a few locations are charging up to $20! How to avoid the SUV/Oversize surcharge Find the 130 garages that don’t have this surcharge: Above 110th Street – of the nearly 100 garages above 110th St, only half charge an average surcharge of $7. That means that 50 garages don’t charge at all! • E 86th to E 110th St – 15%, or 10 garages, don’t have a surcharge • 23rd St to Chambers between Park Ave S and Bowery – 27%, or 15 garages, don’t have a surcharge • Avoid 42nd to 23rd St – 40 garages tack on $11-$20 extra These vehicles are most likely to incur the surcharge: *%! ! !
  • 16. SUVs Audi Q7 BMW X5 Buick Enclave, Rainier, Rendezvous Cadillac Escalade, SRX Chevrolet Suburban, Tahoe, Trail Blazer SUV LT & SUV EXT Chrysler Aspen Dodge Durango Ford Excursion, Expedition, Explorer XLT V6 & Eddie Bauer V8 GMC Acadia, Envoy SUV LT & EXT LT, Yukon Hummer H1, H2, H3 Infiniti QX Isuzu Ascender Jeep Commander Land Rover LR3, Range Rover, Range Rover Sport Lexus GX, LX Lincoln Aviator, MKX, Navigator Mazda CX-9 Mercedes-Benz G-Class, GL-Class, R- Class Mercury Mountaineer Mitsubishi Endeavor, Montero, Outlander Nissan Armada, Pathfinder Pontiac Aztec, Torrent Porsche Cayenne Saab 9-7X Saturn Outlook Subaru B9 Tribeca Toyota 4Runner, FJ Cruiser, Highlander SUV , Land Cruiser, Sequoia Volkswagen Touareg Volvo V70/XC70, XC90 MINI VANS Buick Terraza Chevrolet Astro, Express, Uplander, Venture Chrysler Town & Country Dodge Caravan/Grand Caravan, Sprinter Ford Econoline, Freestar, GMC Savanna Honda Odyssey Hyundai Entourage Kia Sedona Mercury Monterey Nissan Quest Saturn Relay Toyota Sienna SEDANS Buick LaCrosse, LeSabre, Lucerne, Park Ave Cadillac DTS, STS Chevrolet Impala Chrysler 300 Dodge Charger Ford Crown Victoria, Five Hundred Jaguar XJ-Series Lexus LS 460 Lincoln Town Car Maserati Quarttroporte Mercury Grand Marquis *&! ! !
  • 18. Read the claim check Confirm that the time stamped on your claim check is the actual time you parked. Overnight Some garages charge the overnight rate only after 5-6am. Leave your key Forget to leave your key and the garage may charge you from $25 to the full towing fee. Large vehicle surcharge Know if the dimensions of your vehicle typically incur this surcharge. Event rate Garages have a range of rates for conventions, sports, and other events. Confirm the rate before you park your car. On major holidays or festivals (Thanksgiving, July 4th), consider parking just a little farther away and taking public transportation or walking to your destination. Know the times Most of the rates have a clearly posted entry time (e.g. by 7pm, 6-9am, after 3pm), but sometimes the exit time will simply read 9pm. Be sure you know if these times are ’before’ or ’after’ the posted time. *(! ! !
  • 20. The Department of Consumer Affairs (DCA) licenses and regulates all parking facilities. Garages must submit a rate change to the DCA at least 60 days prior to posting and charging the new rate. Garages will typically submit a relatively high rate increase and after the 60 days they can charge any rate that is lower without giving any notice. For example, ABC garage submits a rate increase from $10 to $50 for 1 hour. After the 60 days, it can charge anywhere up to $50 at any time. Garages are not required to post the new rates prior to implementing the increase. Here are some key events that may trigger a rate change. Garage closes When one garage or lot closes, other neighborhood garages will raise their rates. Seasonality & events Some garages adjust their rates in areas where the demand for off-street parking increases or decreases during part of the year. Most garages will create an ‘event’ rate for major holidays and festivals. "+! ! !
  • 22. Manhattan has 100,000 licensed off-street parking spaces • 66% of garages are open 24 hours • 97% of garages have valet parking • 80% of garages are indoor - 88% of garages charge an average surcharge of $10 for SUVs and oversize vehicles • 27% of garages do not take credit cards • 17% of garages transport cars via an elevator. Of these garages, 61% have just one elevator while 37% have two elevators and only 2% have three elevators • 2.8% of garages take only monthly parking • 277 Park Ave is the most expensive garage for monthly parking The streets with the most garages are: • 16 garages-E 80th St • 14 garages-W 56th St • 14 garages-W 43rd St • 12 garages-E 63rd St • 12 garages-E 54th St • 11 garages-W 58th • 10 garages-W 36th St ""! ! !
  • 23. The steepest driveways are (we believe): • 215 E 95th St 1 • 96 E 75th St The longest driveway seems to be: • 200 E 65th Street The smallest garage is: • 324 E 11th St, with 7 spaces The largest garages are: • 3500 spaces Pier 40/West St • 1850 spaces 1 West End Ave • 1500 spaces 218 W 31st St • 1365 spaces 115 Ft. Washington Ave • 1248 spaces E 116th @ FDR (opens 2009) • 1000 spaces 622 W 57th St • 998 spaces 401 W 42nd St (self park) • 988 spaces 56 Greenwich St "#! ! !
  • 24. Hotels with their own garage: • Crown Plaza Holiday Inn • Millennium Hilton • Parker Meridian • Waldorf Astoria Hampton Inn • Hyatt NY Palace Hotel Skyline Hotel • Hilton Marriott • Park Lane • Trump Plaza "$! ! !
  • 26. Garage Attendants are parking your car in 97% of Manhattan’s garages. What do you do if you like to park your own car, rather than trusting the Valet? Just park in these 21 garages and outdoor lots: Note: We haven’t included the Monthly or Tenant Only garages where you park your own car, just those for casual parking. • 3875 9th Ave • 115 Fort Washington Ave, Washington Heights • 3333 Broadway, Hamilton Heights • 121 W 125th St, Harlem • Mount Sinai Medical Center, 1 Gustave Levy Place, East Harlem • Museum of Natural History, 20 W 81st, Upper West Side • 103 W 62nd St, Lincoln Center • Circle Line, Pier 83/12th Ave @ W 43rd St, Clinton • Circle Line, Pier 81/12th Ave @ W 41st, Clinton • 401 W 42nd St, Clinton • 1 Penn Plaza, Chelsea (Valet for special events) • 218 W 31st St, Chelsea • 2500 FDR bet 25th/26th, Kips Bay • New York Skyports Inc., E 23rd St & East River, Kips Bay • Chelsea Piers at W18th-W21st, Chelsea • Pier 40 West St/West Houston, Hudson Sq. • 23 Baxter St – Automated Garage • Muni 2, Delaney & Essex Garage, 107 Essex St, Lower East Side • Muni 1, Broome & Ludlow Garage, Lower East Side • 55 Water St, Financial District • 56 Greenwich St, Financial District "&! ! !
  • 28. There are 16 intersections in NYC where you can make a left turn on a red light. Manhattan • Adam Clayton Powell Blvd at W 153rd • Seventh Ave/West Broadway at West 153rd St • Little West 12th St at West St • Adam Clayton Powell Blvd at W 152nd St • Amsterdam Ave at W 154th St • Canal St at Chrystie St • First Ave at E 39th St Queens • Astoria Blvd at Northern Blvd • Cross Bay Blvd at East 6th Rd • Cross Bay Blvd at Noel Rd • Cross Bay Blvd at 11th Rd • Cross Bay Blvd at 14th Rd • Cross Bay Blvd at 20th Rd • Cross Bay Blvd at west 17th Rd "(! ! !
  • 29. Brooklyn • Concord St at Flatbush Avenue The Bronx • Baychester Ave at New England Thruway exit ramp ")! ! !
  • 31. Why Should I Fight? If you get a speeding ticket in Manhattan, Bronx, Brooklyn, Queens and Staten Island, you should fight it. A conviction to speeding will result in points being imposed, a fine, a surcharge and possibly a driver assessment fee, auto insurance hikes for speeding 16 mph or higher (or for any speed if you have any other moving violation or accident on your driving record) and possible suspension. What if I lose? If you plead guilty or fight it and lose, the result is the same. You get the same number of points and the fine is roughly the same regardless of whether you “lie down” or “go down swinging”. Can I make a deal? No. In New York City, no deals are made. It is “all or nothing”. Are all speeding tickets the same? No. A New York motorist can get 3 to 11 points for speeding and for some higher speeds you can be suspended even for a first offense. #*! ! !
  • 32. The following chart will help you figure this out: 1 - 10 mph over speed limit - 3 points 11 - 20 mph over speed limit - 4 points 21 - 30 mph over speed limit - 6 points 31 - 40 mph over speed limit (possible suspension) - 8 points More than 40 mph over speed limit (possible suspension) - 11 points How are points measured? Points are measured from the date of offense (even if you are convicted years later). So when adding the possible points for a newly issued speeding ticket, you must go back 18 months from the date of the new ticket and determine how many other points you had on your record during this period. Is there anything else that I should know about a speeding conviction? Yes, if you get three speeding convictions within 18 months your license is automatically revoked for 6 months. If I fight it, what is my strategy? Most people ignore the officer's testimony, fail to ask any questions and, instead, just tell the judge their story. This approach is a good way to lose your case. Instead, put aside your emotions and instead be prepared to listen carefully and ask the officer good questions. #"! ! !
  • 33. So what do I do? Listen carefully to the officer's testimony and take notes. If the officer omits critical testimony (ex. date, time, location, direction, your ID information), then point this out to the judge after the officer rests. Can you give me an example? For instance, I once was fighting a NYC speeding ticket when the officer testified that the motorist was proceeding east bound on the Long Island Expressway. The ticket, however, indicated W/B (i.e., west bound). After the officer rested, I showed the ticket to the judge who promptly dismissed the case. What else can I do? If the officer gives testimony, which is inconsistent with his other testimony or the information on the ticket, then point this out to the judge after the officer rests and ask for a dismissal. Also, after the officer rests, ask to the see his or her notes. Read them and determine whether his notes are consistent with his testimony. Any discrepancy should be pointed out to the judge. Do not be afraid to ask the officer to decipher illegible portions of his notes ##! ! !
  • 34. What if the officer doesn’t make a mistake or omit something important? After the officer rests, it is your turn to cross-examine him or her. You should still ask thoughtful questions related to your defense. For example, if your defense is that the officer pulled over the wrong car, then ask "Where were you when he first saw your car?" "Did you have to pass any other cars to apprehend me?" and "How long did you to pull me over?" These types of questions build on your defense What happens after my cross-examination? After cross-examination of the officer, it is time for you to offer your defense. Speak slowly and clearly. Be prepared to hand up any evidence supporting your defense such as photos, witness statements or diagrams. Keep in mind that the judge hears many cases and, therefore, you should not be repetitive or rambling, and should only discuss relevant information. With these tips, you are now better prepared to fight your own New York City speeding ticket. #$! ! !
  • 36. Gather any evidence such as photographs and diagrams. Lay out your defense and how you intend to present it. The best way is to start at the beginning without including meaningless details. What Do I Do When The Officer Is Testifying? Put aside the emotions involved with case. Instead, listen carefully and take notes. Many un-trained motorists basically ignore the officer's testimony, fail to ask any questions and, instead, just tell the judge their story. This incomplete approach is not recommended and is clearly ineffective. What If The Officer Makes A Mistake During His Presentation? Wait for him to rest. I'll say it again. Wait for him to rest. When he is done, then you can pounce. What Do I Do If The Officer Fails To Provide Critical Information? If the officer omits critical testimony (ex. date, time, location, direction, your ID information), then point this out to the judge after the officer rests. What Do I Do If The Officer Is Inconsistent? If the officer testifies inconsistently with his other testimony or the information on the ticket, then likewise point this out to the judge after he rests. #&! ! !
  • 37. For instance, I once was fighting a NYC speeding ticket when the officer testified that the motorist was proceeding east bound on the Long Island Expressway. The ticket, however, indicated W/B (i.e., west bound). After the officer rested, I showed the ticket to the judge who promptly dismissed the case. What If There Are Not Omissions Or Inconsistencies? If there are no omissions or inconsistencies (or you argued that same existed but the judge declined to dismiss), the next step is for you should still ask thoughtful questions of the officer. For example, if your defense is that the officer pulled over the wrong car, then ask "Where were you when he first saw your car?" "Did you have to pass any other cars to apprehend me?" and "How long did you to pull me over?" These types of questions build on your defense. Anything To Avoid? Yes, if you believe that the officer omitted something or was inconsistent, do NOT ask him to fill in the missing item or clarify. This will only provide him an opportunity to correct his or her mistake. What Else Do I Do During Cross Examination? Ask to the see the officer's notes. The Judge must allow you to see them. Read them and determine whether his notes are consistent with his testimony. Any discrepancy should be pointed out to the judge, as discussed above. Also, do not be afraid to ask the officer to decipher illegible portions of his notes. #'! ! !
  • 38. What Do I Do After I Cross Examine The Officer? After you cross-examine the officer, it is time to offer your defense. Speak slowly and clearly. Present any evidence supporting your defense such as photos, witness statements or diagrams by handing your documents to the court attendant. Keep in mind that the judge hears many cases and, therefore, you should not be repetitive or rambling, and should only discuss relevant information. Anything Else? Prior to fighting your case, watch the judge and how he handles other cases. Does he listen and take notes? Does he seem impatient or distracted? If he gets angry out another motorist for something, avoid such conduct when it is your turn. #(! ! !
  • 39. "#$%&'(!&#K(&''*+! Z123C0P@0!5=!%230;! ! !!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! #)! ! !
  • 40. $! "#!heads back to his car following a contentious business meeting. It's 7:01 p.m. and he's beat. He failed to close the deal, and another meeting is scheduled for next week. Joe has one more chance to land this coveted prospect. Joe is ten steps from his car when he notices something on the windshield. It’s the orange envelope that launches a thousand epithets, a NYC parking ticket for a No Parking violation. Joe absolutely, positively remembers the no parking rule displayed on the parking sign starts at 8:00 p.m., not 7:00 p.m. Joe feels his blood pressure rising, and his eyes begin rolling around in their sockets. Make your car the star This is the exact moment you win or lose your parking ticket dispute. Joe loses, if he throws the NYC parking ticket in the glove compartment of his car, and drives away in a fit of rage. What should Joe do next? Joe does not recall seeing a parking sign regulating his parking space that prohibits parking at 7:01 p.m. He walks the entire block and discovers he is correct. The parking rule regulating his space prohibits Parking from 8 p.m. to 10 p.m., Monday through Friday. Joe is on his way to the goal line. Will he score or fumble? Joe reaches for his cell phone camera, and takes a time/dated photograph of his car in the parking space; with identifiable landmarks such as the Trader Joe in the background. He takes a close up of the Trader Joe building, clearly showing the street address on the front of the building. Joe cuts to his left, and leaves some would-be tacklers in the dust. Next, Joe takes overlapping photographs of the entire block showing each parking sign. He makes sure one of the photographs shows the street signs. 5-yard line. He snaps close up views of the front and back of each parking sign. $+! ! !
  • 41. Touchdown! Joe has the proper proof to demonstrate the parking rule displayed by the parking sign regulating his parking space goes into effect at 8:00 p.m., rather than 7:00 p.m. If you don’t do the parking crime, you don’t have to pay the fine. Nice work, Joe. You win Link Here’s a link to a blog post about the proper way to take photographs to win your parking ticket dispute ! ! ! ! ! ! ! ! ! ! ! ! ! ! $*! ! !
  • 43. Check your parking ticket very carefully for omitted, misdescribed, or illegible required elements "! !Required Element is a bite size bit of information that must be entered on the front of a parking ticket to establish a prima facie case by a parking ticket warrior against a member of the NYC driving public. If any required elements are omitted, misdescribed, or illegible, the warrior fails her mission of separating you from your money. Here is a list of the 10 required elements contained in the Compilation of the Rules of the City of New York, Title 19, Section 39-02 et seq. 1. Registration plate number 2. The type of registration 3. The state of registration 4. The date of expiration 5. A description of the vehicle 6. A general statement of the violation alleged, including a reference to section 4-08 of title 34 of the Official compilation of the Rules of the City of New York or applicable provision of the Vehicle and Traffic Law or of the Administrative Code of the City of New York or any other law or rule 7. Information as to the days and hours the applicable rule or provision is in effect, unless always in effect pursuant to the rule or provision and where appropriate the word 'all' when the days and /or hours in effect are every day and/or twenty-four hours a day 8. The date and time 9. The place of occurrence (“P/O”) 10. The meter number, if a meter violation $#! ! !
  • 44. "#$%&$'(! ! ! ! ! ! ! ! ! ! $$! ! !
  • 46. ! Larry’s Top 10 Tips 1. I recommend out-of –state members of the driving public always check the expiration date inserted on your parking ticket. If the parking ticket warrior inserts, “N/S,” and the month and year your registration expires is clearly displayed on your plate; fight your parking ticket for an omitted, misdescribed required element. You will win. 2. If a warrior describes your body type as a 2DSD when it is a 4DSD, it is highly unlikely a judge will dismiss your parking ticket for a misdescribed required element. Here’s why. 39-02 only requires a description of your vehicle, which is interpreted by parking judges as “reasonably accurate,” not exactly accurate. Figures, right! Please note 39-02 conflicts with VTL 238. Unfortunately, NYC parking judges generally follow the Rules of NYC when a conflict arises with the NY State laws contained in VTL 238 3. Color, year, and VIN number are not required elements 4. It is the NYC_DOF policy to require judges to check for omitted, misdescribed, or illegible required elements on every contested parking ticket. I recommend you point out the specific required element you are basing your dispute on. Do not rely upon the judge to make your case for you. Here’s why. How will a judge know the place of occurrence is wrong, unless you present the proper proof? How will a judge know your plate number is wrong, unless you provide a copy of your vehicle registration? 5. The place of occurrence may be described in three ways. In front of, opposite, or what I call the pirate treasure map description, i.e., N/E corner of 32nd Avenue, 50 feet from the corner of 32nd Place. Do not assume this mishmash is correct. Check it out. If the warrior only inserts “Corner of 32nd Avenue, fight your parking ticket. You’ll win. $&! ! !
  • 47. 6. If “front of,” or “opposite” is not inserted in a digital parking ticket, or the proper box checked on a handwritten parking ticket, you win upon application 7. The meter number must be inserted on your parking ticket when your parking crime is “expired meter.” 8. Don’t forget the 5-minute grace period rule applies to Muni- meters, street cleaning, and parking signs that display a fixed time period for days and hours. Compare the time of violation on your parking ticket with the days/hours displayed on the parking sign. For example, if a no standing rule is from 7A to 10A and your parking ticket is issued at 10:04A, you win upon application. You own 5 extra minutes. Spend them wisely! 9. The correct violation Code [VC: 46] is not a required element; but the correct NYC parking rule [4-08(f) (1)] is. The parking rule must match the parking crime with which you are charged. If you are charged with double parking, and 4-08(f) (1) is NOT inserted in your parking ticket; You win, upon application 10. A hand written parking ticket is required to have the parking ticket warrior’s signature. A parking ticket judge will accept almost any mark on the parking ticket. A digital parking ticket is not required to contain a warrior’s signature ! ! ! ! ! ! ! $'! ! !
  • 49. ! ! ! ! "$)*! +,-#./! 01! #$%!&'(!'()%*'(+!,$!-*./,0!1(,,2(!$'!3&4!4$%'!3&'5*6.! ,*75(,!8*,/*6!9:!+&41!-'$;!,/(!*11%(!+&,(! 02344! <$$!2&,(0!&!=>:!3(6&2,4!*1!&11(11(+!?4!,/(!@#ABCDE! &6+!&++(+!,$!4$%'!?&1(!-*6(! 45364! F(4!G'H!G$6(4?&.10!&6!&++*,*$6&2!=I:!3(6&2,4!*1! &++(+H!!#$%!6$8!$8(!4$%'!?&1(!-*6(!32%1!=9:! 65377! J/&,K1!8*,!7/%L!!#$%!6$8!$8(!&6!&++*,*$6&2!=9:! 3(6&2,4H!!#$%'!=MN!3&'5*6.!,*75(,!6$8!7$1,1!4$%!=M:! ?&1(!-*6(!32%1!=M:!3(6&2,*(1!O=>IN! 8211! P%+.;(6,H!!<$8H!#$%!/&Q(!&!1/('*--!&6+!;&'1/&21!3$11(! 2$$5*6.!-$'!4$%'!Q(/*72(H!<&5(!7&'(!$-!,/*1!*;;(+*&,(24R! ! ! ! ! ! $)! ! !
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  • 52. a*;3'$3('24!'(.*1,('(+0b!$'!(21(!4$%K'(! (6,*,2(+!,$!&!+*1;*11&2!%3$6! &332*7&,*$6! IH!G4!3*75c%3!,'%75!/&1!&6! %6?%'+(6(+!8(*./,!$-!2(11!,/&6!N0N::! 3$%6+1!(6,*,2*6.!;(!,$!'(.*1,('!*,!&1!&! 3&11(6.('!$'!7$;;('7*&2!Q(/*72(! ! !!!!!!!!!!!!!!!!"#$%&'(!)*)+&!,-.)!$-,/01,!2%-#(!3/)34!20+!0.-,,)5(!.-'5)'3+-6)5!0+!-##)7-6#)!+)81-+)5!)#).)9,'! ! ! ! ! ! ! ! ! ! ! ! %"! ! !
  • 54. ! >PQ;!FR<P="!DOSR!+S!SBR!F+IR!+KKTR! +GGA$:!K&.,A**!! ou are required to complete an application for appeal, which is supplied by the Department of Finance, ! Adjudication Division. Here's a link to the web page where you can download the application. The following is a list of documents you must provide with your appeal application: • The original judge's decision • The original ticket, or a copy of each • All evidence that you submitted at the original hearing If you did not pay your fine prior to your appeal, payment must be enclosed with your application for appeal; or the Appeals Board will not consider your appeal. Your application for appeal, supporting documents, and payment for your parking ticket must be received by the Adjudication Division on or before 30 days from the date of the original judge's decision. Although this time period may be extended in the "interests of justice," it is highly unlikely that you will qualify for this extension. If you make any mistakes, your application will be returned for correction. However, you must re-submit your corrected application within the original 30-day period to perfect your appeal. %$! ! !
  • 55. How to set forth your reasons why the original decision should be reversed • There are a gazillion appeals processed every year. Your argument should be objective, respectful, and directed to a mistake of law or fact made by the original judge • Keep your emotions to yourself. Your anger and ranting will not enhance your chances of success. • You cannot submit additional evidence. You can only direct your argument to evidence you submitted at the original hearing; unless the respondent consents (Yea right!) • Respectfully refer the Appeals Board to the specific rule of law that the original hearing officer misapplied. • Be persuasive! By that I mean, do not merely parrot conclusions. No one likes to be told how to think. Lead the Appeals Board to the "right conclusion" by submitting facts that allow the Appeals Board to reach the only reasonable decision, in your favor Your appeal will be heard on the papers, unless you specifically request an in-person hearing. You must make your request for an in-person hearing by checking the appropriate box on the application for appeal. You will find the rules covering appeals at Title 19, Section 39-12. %%! ! !
  • 57. An avid lover of New York City and passionate that parking shouldn’t ruin your day or cost you too much, Ms. Tohn set out in 2006 to create Park It! NYC. Her efforts spanned 18 months of working with the Department of Consumer Affairs, driving every single street in Manhattan, creating maps that are easy to read, and devoting endless hours to organizing and confirming data. “I couldn’t believe that a city as big and wonderful as New York City still had parking as a major issue for residents and visitors. So I set out to make parking easier and painless for everyone.” Park It! NYC 2007 received widespread media coverage including network television, two features in The New York Times, radio interviews, an AAA-NY endorsement, the first feature of a self-published book from Cornell Alumni Magazine, articles in NYC newspapers Newsday and NY Daily News, and features %'! ! from suburban and other Metro-NY ! newspapers. Park It! NYC is now recognized as the authoritative resource for parking garage information.
  • 58. Margot Tohn has over fifteen years’ experience in international marketing and product management, specifically managing major start-up projects for the financial services and publishing industries in New York, San Francisco, and Australia. While working for News Ltd. in New York and Murdoch Magazines in Australia, she established one of the first loyalty programs for magazine advertisers, launched several new consumer titles, and developed innovative marketing strategies for subscription and advertising campaigns. ! %(! ! !
  • 59. Her work in financial services involved being on Westpac Banking Corporations’ lead marketing team for two of Australia’s largest financial services mergers and managing part of Westpac’s Sydney 2000 Olympic Games sponsorship, before she joined the Schwab Fund for Charitable Giving as Marketing Director and raised more than $250 million for one of the US’ largest donor-advised fund, a public charity. CONTACT INFORMATION: www.parkitguides.com ! %)! ! !
  • 60. Matthew J. Weiss, Esq. graduated Hofstra Law School in 1984. He was Law Review and won the law school's prestigious Procedure ward. Upon graduation, he became one of the first Hofstra Law School graduates to work at the New York State Court of Appeals (New York State's highest court) working on various appellate matters. Mr. Weiss then worked for two years at Rivkin, Radler, Bayh, Hart & Kremer, a 200-plus- attorney law firm, representing various clients, such as municipalities, insurance companies and &+! ! large corporations, in various litigation matters. ! He also continued to do substantial appellate work. !
  • 61. In 1991, Mr. Weiss co-founded his private law practice eventually buying out his former partner in 2000. Through the years, Weiss & Associates, PC has successfully resolved 1,000s of traffic tickets and trucking tickets for its clients by way of dismissal or plea bargain. Mr. Weiss has written many articles on vehicle and traffic law, and lectures other lawyers on this subject. His blog "Confessions Of A Traffic Lawyer" regularly discussions various vehicle and traffic law issues, and his web site New York traffic ticket lawyer has all types of valuable information. CONTACT INFORMATION: www.nytrafficticket.com (800) 888-RED-LIGHT ! &*! ! !
  • 62. We are in the business of fighting your NYC parking tickets and winning! Our goal is to deliver valuable information about parking ticket rules and regulations to the NYC private and commercial driving public. We are passionate about empowering you to navigate the highways and byways of NYC, while avoiding the sting of a parking ticket warrior's scanner. Lawrence Berezin’s 34 years experience as a New Jersey attorney is a tremendous asset in understanding the oftentimes confusing and conflicting parking rules and regulations aimed at parting you and your money. I will help you answer with confidence the question, "Can I park here?" &"! ! !
  • 63. Please join the conversation and community. You help everyone when you share your NYC parking experiences CONTACT INFORMATION: www.newyorkparkingticket.com (800) 249-5048 ! &#! ! !