This is a preview of an E-book for sale (price $4.99). The Ebook contains three defense certifications and sets of exhibits that Larry used to fight double parking tickets and won...Yea!
!
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.!
3
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
4
The Majority View
A passenger vehicle can never,
ever double park in NYC ...
Department of
Transportation
5
The Majority View
A passenger vehicle can never,
ever double park in NYC ...
Department of
Transportation
6
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
7
Client Success Story
The 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
Defense Affidavit
Violation 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
10
Defense Affidavit
I 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 !
!
!
!
11
Witness Certification
Dear 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!
!
! 12
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
13
New York Parking Ticket LLC
www.newyorkparkingticket.com
by Larry Berezin
14