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« Last edited by Hirshthg on July 27, 2017, 06:38:47 PM »

Author Topic: How to beat Alternate Side/street cleaning ticket in NY?  (Read 75790 times)

Offline henche

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Re: How to beat Alternate Side/street cleaning ticket in NY?
« Reply #75 on: July 13, 2014, 05:05:25 PM »
haha, I have a new argument.

See, I found another place in NY with the same street number, and no parking restriction.  So how can I get a ticket if no evidence which one I was at?

ETA: Am I allowed to raise new arguments on appeal from the ALJ?

Offline Emkay

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Re: How to beat Alternate Side/street cleaning ticket in NY?
« Reply #76 on: July 13, 2014, 05:11:46 PM »
haha, I have a new argument.

See, I found another place in NY with the same street number, and no parking restriction.  So how can I get a ticket if no evidence which one I was at?

ETA: Am I allowed to raise new arguments on appeal from the ALJ?
I treat parking tickets like IHG brg's. Press your luck once then call it quits

Offline AJK

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Re: How to beat Alternate Side/street cleaning ticket in NY?
« Reply #77 on: July 13, 2014, 05:12:12 PM »
haha, I have a new argument.

See, I found another place in NY with the same street number, and no parking restriction.  So how can I get a ticket if no evidence which one I was at?

ETA: Am I allowed to raise new arguments on appeal from the ALJ?

Aha, finally a good argument :)

'cept I'm no sure they'd allow you to use new arguments on appeal.
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Offline henche

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Re: How to beat Alternate Side/street cleaning ticket in NY?
« Reply #78 on: July 13, 2014, 05:21:02 PM »
Here are the rules http://www.nyc.gov/html/dof/downloads/pdf/04pdf/parking_rules39.pdf

I call your attention to 39-12 on page 24.

It states
Quote
(2) The Appeals Board may review the facts and the law in any matter and, except in the interests of justice and upon consent of the respondent, shall not consider any evidence which was not presented to the hearing examiner. A concurring vote by two members of the Appeals Board panel shall be required to reverse or modify any decision  appealed from for error of fact or law, or to remand any matter in the interests of justice.

So the shaila is if this is new evidence.

I tayna it isn't.  I'm not bringing any new evidence--I'm just showing how the law and facts don't make me guilty. 

I guess one might argue that they will need to take judicial notice of the fact that there is another of this address, and that is new evidence.

But I tayna back that actually, they would need to look anyway at the maps to see if this address has a parking restriction, and can't at that time not notice that there is another of the same address.

I decided not to put this in the appeal, however, since I don't want to give them ideas.

I've also decided to leave out my first brilliant argument, even though I hold it is right.  I tried looking around to see how you are usually supposed to testify to time, but didn't find anything on google scholar, and I need a client code to access westlaw or lexis.  I figure I shouldn't complicate the argument, when my first one is golden. 

Offline bubkiz

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Re: How to beat Alternate Side/street cleaning ticket in NY?
« Reply #79 on: July 13, 2014, 05:44:20 PM »
Good luck!
For best results, try to get it in before Chodesh Av.

Offline henche

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Re: How to beat Alternate Side/street cleaning ticket in NY?
« Reply #80 on: July 13, 2014, 05:49:23 PM »
Ok, here it is:

Quote
Dear Appeals Board,

This ticket should be dismissed because the ticket is ambiguous as to the location of my car, and most of the possible locations do not have a parking restriction.

The ticket states that my car was parked at “15010 79th Avenue.”  However, the ticket does not state in which borough or state or zip code it was parked.  This is very important since not every “15010 79th Avenue” has the same parking regulations!

I ask this Board to take judicial notice that just in the Queens area alone, there are two addresses 15010 79th Avenue!  One is 15010 79th Avenue, North New Hyde Park, NY 11040, and the street signs there do not indicate any alternate side restriction.  This address may be viewed at the url: https://maps.google.com/maps?q=15010+79th+Avenue&hl=en&ll=40.749622,-73.70204&spn=0.00495,0.010568&sll=40.748919,-73.701103&layer=c&cbp=13,346.07,,0,1.22&cbll=40.748936,-73.701092&hnear=15010+79th+Ave,+North+New+Hyde+Park,+New+York+11040&t=m&z=17&panoid=hz4pkVP21gKmivHV1pI7uw

I have also found on google maps a 15010 79th Avenue in Flushing NY in 11367, and I am unaware of whether there is an alternate side restriction at that address.  This address may be viewed at this url: https://maps.google.com/maps?q=15010+79th+Avenue,+Flushing,+NY&hl=en&ll=40.719908,-73.812847&spn=0.009904,0.021136&sll=40.748939,-73.701096&sspn=0.004982,0.010568&oq=15010+79th+Avenue+fl&hnear=150-10+79th+Ave,+Flushing,+New+York+11367&t=m&z=16

This is not even to mention the possibility that the ticketing agent referred to 15010 79th Avenue, Seminole Florida 33776, which may be viewed at this url: https://maps.google.com/maps?q=15010+79th+Avenue,+Seminole,+FL&hl=en&sll=40.719908,-73.812847&sspn=0.009904,0.021136&oq=15010+79th+Avenue+fl&hnear=15010+79th+Ave,+Seminole,+Florida+33776&t=m&z=16. If the ticketing agent referred to this one, then I would like to raise the additional defense that New York City does not have the authority under the U.S. Constitution to issue tickets for violations in Seminole, Florida.

Other possible locations where this ticket places my car include 15010 79th Avenue in: St. Pete Beach, FL; Pinellas Park, FL; Vero Beach, FL; Peoria, Arizona; Tinley Park, IL; Oak Lawn, IL; Oakland California; and many others which I do not care to transcribe.  You may confirm all of these at maps.google.com.

Since the ticket does not indicate, and there is thus no sworn testimony to, which 15010 79th Avenue my car was parked at, and at least one of them does not have a parking restriction, it must be dismissed. 

There is simply no evidence to any violation.  It would be a miscarriage of justice for citizens to be fined after being presented with only vague allegations and nonspecific sworn testimony.

For the foregoing reasons, I respectfully request that this Board overturn the decision of the ALJ and issue an order dismissing this ticket.

Thank you,
henche

Any suggestions?

Offline ilherman

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Re: How to beat Alternate Side/street cleaning ticket in NY?
« Reply #81 on: July 13, 2014, 06:03:28 PM »
I once had, I parked by a pedestrian ramp  here (where the yellow cab is parked) It's the ramp to the walkway on the Williamsburg bridge, however the Cop wrote that I was blocking a pedestrian ramp in front of 394 Bedford Ave which is the closest Address, so I came down to court saying that I have no idea why I got this ticket, he checked google maps and indeed, there is NO pedestrian remp over there. He dismissed the ticket! The only time I had success.
You can say what you think when you think what you say.

Offline kangarruu

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Re: How to beat Alternate Side/street cleaning ticket in NY?
« Reply #82 on: July 13, 2014, 07:37:02 PM »
Ok, here it is:

Any suggestions?

From DH: The Appeals Board will not consider this argument. First, you are introducing new facts not already present on the record. Second, you are generally not permitted to raise new arguments on appeal. Instead, the Appeals Board will only consider arguments as to why you believe the ALJ's disposition of your argument below was incorrect.

That said, I do think you have a good argument for next time, at least with respect to other identical addresses actually inside NYC. If I was an ALJ I'd reject non-City addresses out of hand.

Offline henche

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Re: How to beat Alternate Side/street cleaning ticket in NY?
« Reply #83 on: July 13, 2014, 08:40:38 PM »
From DH: The Appeals Board will not consider this argument. First, you are introducing new facts not already present on the record. Second, you are generally not permitted to raise new arguments on appeal. Instead, the Appeals Board will only consider arguments as to why you believe the ALJ's disposition of your argument below was incorrect.

That said, I do think you have a good argument for next time, at least with respect to other identical addresses actually inside NYC. If I was an ALJ I'd reject non-City addresses out of hand.

Interesting. I'd have tayna'd that judicial facts are already in the record.

Does your husband practice davka in traffic court?

Offline kangarruu

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Re: How to beat Alternate Side/street cleaning ticket in NY?
« Reply #84 on: July 13, 2014, 09:39:28 PM »
Interesting. I'd have tayna'd that judicial facts are already in the record.

Does your husband practice davka in traffic court?

He does child support enforcement for NYC.

Offline henche

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Re: How to beat Alternate Side/street cleaning ticket in NY?
« Reply #85 on: July 13, 2014, 09:40:35 PM »
Ah, cool.

Offline Jkhein

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Offline Sport

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Re: How to beat Alternate Side/street cleaning ticket in NY?
« Reply #87 on: July 18, 2014, 05:49:32 PM »
Just want to share a success story, hopefully others can use my argument.
While I was away for shavous my license plate got knocked off and hasn't been staying on well. Over the past month in a half I got 3 tickets for not properly displaying my license plate as it kept falling off. I disputed the first ticket and argued that the license plate fell off while I wasn't home and I got a ticket while I wasnt home and I shouldnt be held responsible. I provided no evidence to my claim but suprisingly just recieved the decision that my ticket has been dismissed.
Now I just submitted a request to dismiss the second ticket as it was only two days after hte first and I was away during that time also.
p.s.   although this is not about an alternate side parking ticket I figured this is the best thread to post in an there is no  generic parking ticket thread, I

Offline henche

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Re: How to beat Alternate Side/street cleaning ticket in NY?
« Reply #88 on: July 18, 2014, 07:50:09 PM »
Just want to share a success story, hopefully others can use my argument.
While I was away for shavous my license plate got knocked off and hasn't been staying on well. Over the past month in a half I got 3 tickets for not properly displaying my license plate as it kept falling off. I disputed the first ticket and argued that the license plate fell off while I wasn't home and I got a ticket while I wasnt home and I shouldnt be held responsible. I provided no evidence to my claim but suprisingly just recieved the decision that my ticket has been dismissed.
Now I just submitted a request to dismiss the second ticket as it was only two days after hte first and I was away during that time also.
p.s.   although this is not about an alternate side parking ticket I figured this is the best thread to post in an there is no  generic parking ticket thread, I

Why did they give the second ticket if the first one was still on your windshield?

Offline Sport

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Re: How to beat Alternate Side/street cleaning ticket in NY?
« Reply #89 on: July 18, 2014, 07:52:13 PM »

Why did they give the second ticket if the first one was still on your windshield?
they're jerks.