I plan to fight my ticket on the grounds that the “Days and hours in effect” were “misdescribed.” This seems like a good defense according to the city website ( http://www.nyc.gov/html/dof/pdf/99pdf/pvo_itslaw_00.pdf )
The ticket says the meter was in effect 9 am to 7 pm; the signs say 8 am to 7 pm.
My question is as follows: How do I prove that the sign says 8 - 7 and not 9 to 7? Do I have to videotape the street? Or does the Parking Violations Bureau have the information on file?
Thanks in advance!!
Take a picture of the sign and take it to court with you.
Thats the way I beat a bogus speeding in a school zone ticket last year, proved to the judge that the signs did not list fixed hours of operation, just that the school zone was in effect when the warning lights were flashing,and had a witness that the lights were not flashing that day.
Just out of curiosity, what time did you get the ticket? If it was before 9 AM, wouldn’t the ticket itself be enough to show an inconsistency?
ah hahahahahahahahahaha. That’s a good one.
Not to be mean. But they soo do not have that ‘on file’. My experience is it can be a tough sell even if you are armed with photos proving your case. With a still camera, you must take a series of pictures which establishes an unbroken chain from the (building with the) address on the ticket, to the regulation sign covering the area in front of the address (and possibly showing that no OTHER sign is in effect), to the sign naming the street. If you have a video camera that would be much easier. It sounds like a good defense, please post the outcome.
Unless there was a way to prove that the time written on the ticket was not accurate, it wouldnt be a defense.
On closer look, the times in effect on the ticket are less restrictive than the actual times. So you’d be guilty in either case. The question is whether that would override the misdescribed aspect. I think it could go either way depending on the judge.
Take a series of still photos, clearly showing the entire block from the spot where you were parked, including the sign you are referring to, until identifying markers (i.e., street signs, house numbers) that show the location as matching the one on the ticket.
I’ve gone in for parking ticket hearings and beaten dozens of tickets. I’ve never seen a VCR in the hearing rooms (though I suppose that could have changed). Still photos are better to show a judge.
I recently served as a witness for something similar. I went to the scene, took some photos, measured some distances, and took some notes. Then I provided the court with the photos and testified.