Is this a defective ticket?

ridinhome · 07-15-2008, 12:36 PM

Hey,

I just moved to NYC. I don't have a spot at a parking garage yet so last night I parked the bike on the sidewalk. It was in a spot where no one can walk (there was a railing behind and in front of the bike).

Went out this morning and I found I had a ticket - $115. The ticket lists my plate correctly, the date of the offense and the time. However the actual offense is not clear at all. I can just about make out Code No. (though it looks like it could be 61 instead of 51), but the offense and subsection are illegible (the lettering is too faint).

Do you think this is contestable? Alternatively, any chance the judge will reduce the amount since I wasn't blocking anyone's path?

Thanks,
RidinHome

f2benny · 07-15-2008, 12:39 PM

not sure from your description but if it's behind a rail it might not be public property

isaac · 07-15-2008, 12:52 PM

The ticket sounds bullshit to me but you'll never get out of it on "illegibility" unless you're really persuasive with the judge.

I've had irrefutable proof that caught a cop lying on the stand about the only evidence he had in my court case and I was still found guilty.

I hate how the law generally will do whatever it can to make sure your bike is as unprotected as possible, and when your bike manages to walk off because you couldn't park it close to something you could chain it to, the cops tell you "we probably won't get it back". Yeah, no shit assholes, that's why I wanted to park it in that secure place that you'd tow it from.

BikerRob · 07-15-2008, 01:00 PM

It's a parking ticket. Either pay it, or throw it away. In my opinion contesting something like that will cost you more than it's worth.

ridinhome · 07-15-2008, 01:28 PM

Thanks for the advice all. Fortunately for me, where I have to go to contest the ticket is a block or so away from my apartment. So I think I'm going to show up there early tomorrow and see if I can get it reduced, at the very least. Rob - ordinarily I would agree with you. But having just shelled out a bunch of cash to move to NY, I'm strapped and this 115 could just be the straw that breaks my back.

Its taking all my willpower to not make this an FTP thread. Specially since there were other bikes parked on the sidewalk, none of whom got a ticket. I think I got slammed because it was an out of state plate.

DefyInertia · 07-15-2008, 01:40 PM

Welcome to NYC!!!!!!!!!!!!!!!!

EDIT - what is the basis for your contest? Not blocking anyone? Are you sure that's the sole purpose for the applicable law? I feel you but really doubt you have any chance at all. Good luck.

Royal Tiger · 07-15-2008, 01:52 PM

My wife got a ticket in NYC for a loading zone that wasn't marked. The parking authority there has NOTHING to do with NYPD. I called a few of my NYPD buddies and they said good luck as those asshole go out of their way to tag cars with PBA or FOP decals.

Scissors · 07-15-2008, 02:32 PM

"Illegible" is not a valid legal defense. I don't see why anyone would think it was, other than wishful thinking. You may as well contest a ticket on the grounds that the officer's shoes weren't shiny.

You can call in and confirm what the ticket is for, what the fine is, and how to pay it. You can also show up to court to contest it and, if the officer shows and testifies for whatever the charge is, you'll probably lose.

Just because a ticket is hard to read doesn't mean the officer didn't ticket you for whatever you did.

ridinhome · 07-15-2008, 02:37 PM

So what is a defective ticket then?

ridinhome · 07-15-2008, 02:38 PM

Quote:

Originally Posted by DefyInertia

Welcome to NYC!!!!!!!!!!!!!!!!

EDIT - what is the basis for your contest? Not blocking anyone? Are you sure that's the sole purpose for the applicable law? I feel you but really doubt you have any chance at all. Good luck.

No, the primary defense would be the illegibility of the ticket (if I'm going to pay I should know what offense etc. etc.). The not blocking part was just mitigation in case the judge feels generous.

jim schmidt · 07-15-2008, 02:42 PM

No. The fact that you can't read it does not nullify the summons.

Further you parked on the sidewalk, as you reported. From the description of the sidewalk, I'm betting it was a wheelchair path right? This doesn't really seem contestable either.

I suspect you ought to pay this one.

Scissors · 07-15-2008, 02:45 PM

Quote:

Originally Posted by ridinhome

So what is a defective ticket then?

That's subject to interpretation by the judge or clerk.

If the ticket is blatantly incorrect (such as completely wrong information about your vehicle) or if the information is incorrect in such a way as to prevent you from mounting a solid defense, then it could be considered defective.

But "illegible" isn't the same as "incorrect." You might win, but you might not. Most likely you'll wind up with a compromise.

Moral of the story: park legally.

ridinhome · 07-15-2008, 02:53 PM

Quote:

Originally Posted by jim schmidt

No. The fact that you can't read it does not nullify the summons.

Further you parked on the sidewalk, as you reported. From the description of the sidewalk, I'm betting it was a wheelchair path right? This doesn't really seem contestable either.

I suspect you ought to pay this one.

No it wasn't a wheelchair path. There was a stoop with a railing behind me, and some stairs coming from a basement in front of me, also with a railing. This created a little "alcove" which I figured meant my bike was sufficiently out of the way. Still parked on the sidewalk, just out of the way.

jk750 · 07-15-2008, 02:54 PM

Um, were you parked on the sidewalk? Ok then. But good luck!

bryan21178 · 07-15-2008, 03:26 PM

I have alot of buddyies in the NY and all I can say is just pay it and chalk it up as lesson learned.....