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  1. #1

    Angry Issued a Parking Ticket Despite Still Being in the Vehicle

    My question involves a traffic citation from the state of: New York City

    the police officers have responded to a call at the location prior to my false violation as I was driving I made a u turn because I went the wrong way on the navi following my cousin that was driving a white Lexus I had my blinkers on and stopped as I saw the car was elevated I was in the action of fixing my position to park behind my cousin to gain a sense of direction as I was fixing my self the paddy wagon drives by and warns me to move my car due to high complaints and calls in that location as I am moving clearing the area two squad cars and officer ____ stops me from exiting as I turn my engine off place my keys on the dashboard and place my hands on the wheel along with having all the windows opened as courtesy for officer ____ loses his temperament and shows me his attitude on why he has had to come back to the scene upset

    meanwhile I did not partake in any of the incidents before. he with out my permission reached in to my car took my car keys off the dashboard and left to tell my cousin to move his car as my cousin leaves the area I tell him officer I know I'm on the curb and sidewalk but I'm just trying to get up to speed and get some sense of direction he doesn't ask me for my license and registration he had made it seem like I wasn't in the car and just had wrote me a parking ticket ignoring everything I've said to him being very rude and very disrespectful I know many New York City police officers and this for sure didn't show the courtesy respect and professionalism nyc finest has to offer I have a video proving that my blinkers where on and that I was barely on the curb and that what happened was unfair and that he has violated so many rules as for protocol as a law enforcement officer he had lied took my property not letting me leave and being very disrespectful now I am stuck with a ticket for 115 dollars for something I haven't done

  2. #2
    Join Date
    Oct 2014
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    7,165

    Default Re: Officer Had Made It Seem Like I Was Not in Vehicle when He Had Gave Me a Ticket

    How was the area where you were stopped marked? No parking, no standing, or no stopping? When you say that you were on the curb and sidewalk do you mean that the tires of your vehicle were up on the sidewalk? How long had you been stopped there when the officer approached your car and what were doing while stopped there?

    A couple of things for you to know. First, New York City ordinances make it illegal to stop, stand, or park on the sidewalk. If your tires were on the sidewalk, you were illegally parked and that would justify a parking citation right there. See Traffic Rule 4-08(e)(3).

    Second, the ordinance definitions parking, standing, and stopping all can apply even when you are still in your car. Simply arguing that you had not got out of your car may not suffice to beat the ticket. The general rules are found in Traffic Rules section 4-08(a) as follows:

    (2) Stopping prohibited. When stopping is prohibited by signs or rules, no person shall stop, stand or park a vehicle, whether attended or unattended.
    (3) Standing prohibited. When standing is prohibited by signs or rules, no person shall stop a vehicle, attended or unattended, except temporarily for the purpose of and while actually engaged in expeditiously receiving or discharging passengers.
    (4) Parking prohibited. When parking is prohibited by signs or rules, no person shall stop a vehicle, attended or unattended, except temporarily for the purpose of and while expeditiously receiving or discharging passengers or loading or unloading property to or from the curb.

    You can read all the parking rules here: New York Traffic Rules. The parking rules start on page 29. If you are not sure what the parking restrictions were where you were located when you were stopped, New York has a web site that will tell you what the restrictions were for each block in the city, either by using a map or by specifying the location with text. You can access that here: traffic restrictions by location.

    With that information, you hopefully can figure out if the ticket is good and whether you have a basis for fighting it. Note that the officer’s demeanor is not relevant to the ticket. He doesn’t have to be nice or pleasant for the ticket to be good. Taking your keys, whether or not that was proper for the officer to do, also doesn’t have any impact on whether the parking citation is good. You’ll need to focus on whether you were in fact illegally parking, standing, or stopping as the case may be. If you weren’t, you need to figure out how to convince the court of that if you contest it.

  3. #3

    Default Re: Issued a Parking Ticket Despite Still Being in the Vehicle

    It was a regular parking spot were my passenger side wheels were slightly on the curb I have a video to justify and I was already leaving the parking spot

  4. #4
    Join Date
    Jan 2006
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    38,429

    Default Re: Issued a Parking Ticket Despite Still Being in the Vehicle

    What was the actual violation?

  5. #5
    Join Date
    Sep 2010
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    18,915

    Default Re: Issued a Parking Ticket Despite Still Being in the Vehicle

    Quote Quoting Joshua Babayev
    View Post
    It was a regular parking spot were my passenger side wheels were slightly on the curb I have a video to justify and I was already leaving the parking spot
    Being in our out of the car or about to leave has ZERO bearing. There are not safe havens for nearly all the NY parking rules. Even temporarily double parking why you wait for a car to pull out of a space is illegal. Slightly on the curb is encroaching on the sidewalk.

    But you do need to tell us what you WERE cited for.

  6. #6

    Default Re: Issued a Parking Ticket Despite Still Being in the Vehicle

    Parking on Side walk 115$ fine

    And I wasn't parked I was just there for split second to get sense of direction

  7. #7
    Join Date
    Jan 2006
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    38,429

    Default Re: Issued a Parking Ticket Despite Still Being in the Vehicle

    Quote Quoting Joshua Babayev
    View Post
    Parking on Side walk 115$ fine

    - - - Updated - - -

    And I wasn't parked I was just there for split second to get sense of direction
    so your vehicle was still moving?

    then that is probably something like careless driving or such and I imagine a moving violation with points and all.

    I think I would take the parking on the sidewalk over the moving violation.

  8. #8
    Join Date
    Sep 2005
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    Default Re: Issued a Parking Ticket Despite Still Being in the Vehicle

    Presumably this is a ticket under VAT Sec. 1202(a)(1)(b):
    Quote Quoting New York Vehicle and Traffic Code, Sec. 1202. Stopping, standing or parking prohibited in specified places.
    (a) Except when necessary to avoid conflict with other traffic, or when in compliance with law or the directions of a police officer or official traffic-control device, no person shall:

    1. Stop, stand or park a vehicle:...

    b. On a sidewalk;....
    Even if you were standing your vehicle for a matter of seconds, that is a violation of the statute.

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