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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 80692 times)

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.

Offline 12HRS

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Re: How to beat Alternate Side/street cleaning ticket in NY?
« Reply #90 on: July 19, 2014, 10:21:32 PM »
speaking of tickets. Saw a cop in the city on thursday night going up to a ups truck blocking traffic, took down the ticket on the windshield and checked it to see if the ups driver put it there from a different time. Found it pretty funny.

Offline cozmohoot

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Re: How to beat Alternate Side/street cleaning ticket in NY?
« Reply #91 on: July 19, 2014, 11:37:23 PM »
I see that all the time in Brooklyn

Offline henche

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Re: How to beat Alternate Side/street cleaning ticket in NY?
« Reply #92 on: July 19, 2014, 11:42:07 PM »
Why did they give the second ticket if the first one was still on your windshield?

In any event, there is probably a law about how often you can get a ticket for the same offense. Look it up.

Offline Hirshthg

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    • Zev Goldstein Esq. New York Traffic Ticket Lawyer
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Re: How to beat Alternate Side/street cleaning ticket in NY?
« Reply #93 on: July 20, 2014, 12:08:49 AM »
See the wiki of http://forums.dansdeals.com/index.php?topic=1206 for a non attorney ticket fighter who does small end parking tickets.

Offline joeb1

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Re: How to beat Alternate Side/street cleaning ticket in NY?
« Reply #94 on: July 20, 2014, 12:45:11 AM »
Can they give you 3 tickets for being in the bus lane all within 5 minutes?

Offline henche

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Re: How to beat Alternate Side/street cleaning ticket in NY?
« Reply #95 on: July 20, 2014, 12:46:18 AM »
Can they give you 3 tickets for being in the bus lane all within 5 minutes?

Unlikely. Check the laws.

Offline joeb1

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Re: How to beat Alternate Side/street cleaning ticket in NY?
« Reply #96 on: July 20, 2014, 12:48:40 AM »
The cameras caught a friend of mine on three different corners on nostrand ave all within 5 minutes

Offline henche

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Re: How to beat Alternate Side/street cleaning ticket in NY?
« Reply #97 on: July 20, 2014, 12:52:42 AM »
The cameras caught a friend of mine on three different corners on nostrand ave all within 5 minutes

Oh, driving in the bus lane. I thought you meant parking.

Interesting question. 

Offline Sport

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Re: How to beat Alternate Side/street cleaning ticket in NY?
« Reply #98 on: July 20, 2014, 01:05:52 AM »

See the wiki of http://forums.dansdeals.com/index.php?topic=1206 for a non attorney ticket fighter who does small end parking tickets.
She takes 50% regardless of verdict or only if she wins?

Offline Hirshthg

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    • Zev Goldstein Esq. New York Traffic Ticket Lawyer
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Re: How to beat Alternate Side/street cleaning ticket in NY?
« Reply #99 on: July 20, 2014, 11:41:29 AM »
She takes 50% regardless of verdict or only if she wins?
I have not used her personally.
I hear that many of these ticket fighters take your full money up front and if they lose they pay the ticket, and if they win they refund you half.
Please let me know.