Essential Guide to Beating Double Parking

Tickets

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Double Parking

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!Double parking!No person shall stand or park a vehicle on the roadway side of a vehicle stopped, standing, or parked at the curb, except a person may stand a commercial vehicle alongside a vehicle parked at the curb at such locations and during such hours that stopping, standing, or parking is not prohibited, while expeditiously making pickups, deliveries or service calls, provided that there is no unoccupied parking space or designated loading zone on either side of the street within 100 feet that can be used for such standing, and provided further that such standing is in compliance with the provisions of section 1102 of the VTL. A person my stand a commercial vehicle along the roadway side of a bicycle lane provided all other conditions of this paragraph are met. For the purposes of this paragraph (f)(1)"expeditiously making pick-ups, deliveries,or service calls" shall mean that any period of inactivity at the pick-up, delivery or service-call location does not exceed 30 minutes. However, such definition shall in no way limit the discretion of the DOF Adjudication Tribunal to determine whether a violation of this paragraph has occurred.!

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The Rule

The Elements• There are majority and minority views about

whether a passenger vehicle can ever double park in New York City !

!• Commercial vehicles are permitted to double

park under circumstances set forth in the Rule

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The Majority View

A passenger vehicle can never, ever double park in NYC ... Department of Transportation

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The Majority View

A passenger vehicle can never, ever double park in NYC ... Department of Transportation

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The Minority View

A passenger vehicle can double park while stopping temporarily to drop off or pick up a passenger. Department of Finance, Parking Violation Bureau, Adjudication Division, on pages 10 and 14.

Larry (that's me) shares the minority opinion

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Client Success StoryThe Challenge:

!Joe was issued a parking ticket for double parking. At the time, Joe was picking up his sister to attend his son's lacrosse match outside of New York City.

The Defense: !Joe presented sworn testimony to the judge, consisting of:!

Persuasive facts!Joe's affidavit!His sister's witness certification!Evidence supporting his defense

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Defense AffidavitViolation Code -46 !Double Parking ! ! !Dear Judge, ! !David Jones, of full age, being duly sworn, according to law, upon my oath, !deposes and says: ! !I plead not guilty to this parking ticket. ! !I drove to New York City from ABC, Pennsylvania, where I currently reside, to pick up my sister to attend my son’s college lacrosse game on Saturday April 21, 2012. My sister, Robin Smith, lives at 123 ABC Street, New York City. My son’s school, Eastern University, was playing in Purchase New York against Manhattanville College. ! !Robin and I agreed that I would call her on my cell phone (I wear a blue tooth) when I was about 5 minutes away, so she could meet me curbside in front of her building. ! !I pulled up directly in front of her building, along side of a car parked at the curb, because there was no free space at the curb. She immediately walked to the passenger side of the car to get in, when we were ticketed for double parking. ! !Although the ticket reads the place of occurrence was in front of 688 ABC Street, I picked up Robin in front of 123 ABC Street (where my sister lives). The place of occurrence is incorrect

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Defense AffidavitI am a frequent visitor to NYC to spend time with my family (I was born and raised here). I have learned from reading your E-book, “Got Tickets? Your Guide to Parking Ticket Hearings,” (The Department of Finance, Adjudication Division) that it is not a double parking violation to pick-up a passenger, which is exactly what I did when this parking ticket was issued. ! !There was really no other place to pick up Robin, and it took less than two !minutes. ! !Due to these circumstances, I respectfully request Your Honor to dismiss my !parking ticket. ! !Thank you. ! !

__________________________ ! David Jones !

!!Sworn and Subscribed before !Me on this ______ day of !May 2012 ! ! ! !_______________________ ! Notary Public ! ! ! !

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Witness CertificationDear Judge, ! !I hereby certify as follows: !!My name is Robin. I am David’s sister. I live at 123 ABC Street, New York !City. ! !My nephew, Brendan, was scheduled to play a lacrosse match for Eastern University against Manhattanville College in Purchase, New York on April 21, 2012. I was excited about seeing my nephew play, and my brother offered to pick me up. !!He called me when he was about 5 minutes away from my building. I went outside and was waiting on the sidewalk in front of my building when he pulled up. There was no room at the curb, so he stopped alongside parked at the curb. ! !By the time it took me to walk to the passenger side door, and get inside the car (a little over one minute); my brother was issued a parking ticket for double parking. ! !I looked at the information entered on the front of the parking ticket. The TEA entered an address down the block from my building, on the opposite side of the street for the place of occurrence. The address entered on the ticket is wrong. ! !I certify that all the statements made by me are true and to the best of my !knowledge. I understand if I am willfully lying, I am subject to punishment. !!! ! ! ! ______________________________! ! ! ! ! ! Robin Smith! !

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Larry's Tips

!Make sure you point out to the judge that the Adjudication Unit of the Parking Violation Bureau published a Guide that states it is legal to double park while dropping off or picking up a passenger!You’ll need an affidavit from the driver, and…!A certified witness statement from the passenger!A driver cannot leave his chariot while double parking to pick up or drop off a passenger

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New York Parking Ticket LLC www.newyorkparkingticket.com

by Larry Berezin14