Fire Hydrants, Bus Stops, & the 3 No s

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1 Fire Hydrants, Bus Stops, & the 3 No s When you re right- FIGHT A New York Parking Ticket EBook

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3 Learning is relentless repetition I made a New Year's resolution, and need your help accomplishing my goal. I am totally committed to teach every, single, solitary, member of the NYC driving public the meaning of the bus stop parking violation; and offer strategies to avoid or beat a bus stop parking ticket. We are a community, a team, and a parking ticket for standing in a bus stop zone is beaucoup de bucks. So, let's begin Important words to remember A bus stop parking ticket is a NO STANDING violation. This means you can stop, drop- off or pick- up a passenger, and go. So why is a bus stop parking ticket so difficult to fight and win? Because... There are two (2) words in the parking rule that are poison to the driving public, and they are: o "Temporarily," and; o "Expeditiously" You can "stand temporarily" in a bus stop zone. Temporarily means two (2) minutes or less You must "expeditiously" (with efficiency or in an efficient manner) drop- off or pick- up a passenger Since a bus stop violation is a NO STANDING violation, you cannot unload your property to the curb (A client of ours received a parking ticket for exiting a car in a bus stop zone holding her business briefcase, which the warrior considered to be unloading property to the curb...absurd). The secret You've got two (2) minutes or less to stop, drop or pick- up a passenger in a bus stop zone, and go. And, you must accomplish this process in an efficient manner. In reality, a parking ticket warrior sees a car stopped for ten (10) seconds in a bus stop zone, while unloading a passenger. A perfectly legal activity. The warrior issues a NYC parking ticket, which in essence says, the warrior swears he/she observed you standing in a bus stop zone for more than two minutes; or discharging your passenger in an inefficient manner. How are you going to rebut this "sworn testimony?" The secret is you can't. I represented a father who picked up his daughter at the train station from school every day. The father and daughter stayed in touch by cell phone. The father parked his car two blocks from the train station; and when his daughter was walking down the staircase from the train platform, she called her father on her cell phone. Her father drove the two blocks and picked his daughter up at the curb. The entire process, from Dad's arrival at the curb with his daughter 3

4 standing by the curb, through the daughter entering the car took less than one minute. Problem was the father stopped to pick- up his daughter in a bus stop zone. We submitted affidavits and photographs. We lost at the original hearing, and lost the appeal. My point is try your absolute best to avoid standing in a bus stop zone. You can beat the parking ticket if you can persuade a judge the warrior lied about the length of your stop...i've won, but it is not an easy trick Last bus stop secret As we all know from reading Larry's Blog...A bus stop zone begins at the bus stop sign and extends in the direction of the arrow(s) until the next parking sign; or if no parking sign, the end of the block. Please, promise me you will not call and say that you parked far enough away from the sign for a bus to fit. Please, don't say other people parked in the bus stop zone, and didn't get a ticket. Find the bus stop sign, identify the arrow(s) and the direction(s) the arrow points; and locate the next parking sign in the direction of the arrow. Or,if there isn t a parking sign, the end of the block. 4

5 Promise? Please help me accomplish my New Year's Resolution. Have you ever defeated the evil bus stop parking ticket? Please share how. Let's share some ideas and see if we can build the perfect defense. I'm counting on you. [Larry's note: The Full Monty: "No person shall stand or park a vehicle other than an authorized bus in its assigned bus stop when any such stop has been officially designated and appropriately posted except that the operator of a vehicle may temporarily stand therein for the purpose of expeditiously receiving and discharging passengers provided such standing does not interfere with any bus about to enter or leave such zone."] 5

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7 A New York Parking Ticket LLC customer success story It is great to witness the adjudication process for fighting a NYC parking ticket for a Code 40: Fire Hydrant violation working perfectly. The Facts Joe parks his car on a NYC street, more than 15 feet from a fire hydrant. When he returns to his vehicle, he sees that all too familiar orange envelope under his windshield. His heart starts beating faster, and his face turns red. He reads the parking ticket charging a violation of Code 40. The parking ticket warrior's sworn comment on the front of the parking ticket says Joe's car is parked only 6 feet from the hydrant. Joe's reaction is anger, outrage and a commitment to fight the parking ticket because he is right. The NYC Parking Rules and Regulations Code 40 prohibits: "Stopping, standing or parking within 15 feet of a fire hydrant. Between sunrise and sunset, a passenger vehicle may stand alongside a fire hydrant as long as the operator remains behind the wheel and is ready to move the vehicle if required to do so" Chapter4-08(e). No person shall stop, stand or park a vehicle in any of the following places... "(2) Hydrants. Within fifteen feet of a fire hydrant, unless otherwise indicated by signs, or parking meters, except that during the period from sunrise to sunset if standing is not otherwise prohibited, the operator of a passenger car may stand the vehicle alongside a fire hydrant provided that the operator remains in the operator's set ready for immediate operation of the vehicle at all times and starts the motor of the car on hearing the approach of fire apparatus, and provided further, that the operator shall immediately remove the car from alongside the fire hydrant when instructed to do so by any member of the police, fire, or other municipal department acting in his/her official capacity" Joe's Action Joe: Always carries a tape measure and camera with him in his car 7

8 Asks a witness to assist him in measuring the distance between the fire hydrant and his car Takes a number of dated photos that clearly demonstrate his car was parked more than 15 feet from the fire hydrant Hires New York Parking Ticket LLC to fight his parking ticket Outcome We prepare detailed Affidavits for execution by Joe and his witness Send a defense letter, detailed Affidavits, photographs confirming the facts contained in the Affidavits; along with the signed NYC parking ticket to the address on the back of the parking ticket Enter a plea of NOT GUILTY and request a hearing by mail Approximately four weeks later, Joe receives a letter from the DOF advising him that his parking ticket is dismissed Photographs 8

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11 Commentary A $3.00 tape measure saved Joe $115. When you are right, fight your NYC parking ticket. You can see the power of a photograph and tape measure. The NYC parking ticket hearing official did the right thing after reviewing the evidence, which is really nice to see. How about the NYC parking ticket warrior? She clearly lied about the distance from the fire hydrant and got caught. Shame on you! In response to a frequently asked question, the fact that a parking ticket warrior fails to accurately state the distance from your car to the fire hydrant is not enough to win a dismissal. You must prove that your vehicle was parked MORE than 15 feet from the fire hydrant. I went out and purchased a tape measure. How about you? [Editor's note: "Joe" is a fictitious name to protect the privacy of our client. "Joe" gave us permission to tell his success story and publish the photographs] 11

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13 Stopping is halting your vehicle for a NY second. Standing is stopping. Parking is standing. So, the moment you halt your vehicle, you are stopping, standing and parking. It matters not if your vehicle is occupied; nor whether you remain seated in your vehicle. If you halt your vehicle, remain in your car, or exit your vehicle for a spit second alongside a curb in a no stopping, no standing, or no parking zone, your are parking ticket toast. You will get a NYC parking ticket. Ca- ching. Viva la difference! In a no standing zone, you are permitted to stop temporarily to drop- off or pick- up a passenger to or from the curb. In a no parking zone, you are permitted to stop temporarily to drop- off or pick- up a passenger, and personal property to or from the curb. In a no stopping zone, get the heck out of there There are some special no standing rules you may wish to know about Temporarily means two minutes or less. No more expensive excuses For example, I only pulled over to the curb in a no stopping zone to answer my cell phone. Ca-ching. I just ran into the store to go to the bathroom. Ca-ching. I was lost, and stopped for just a second. Ca-ching. You cannot ever, never, until Hell freezes over, stop your vehicle and sit in your car in a no stopping, no standing, or no parking zone. Period. End of story. 13

14 Take- aways: Stopping, standing and parking is really the same thing...halting your vehicle, whether occupied or not The difference is the type of activity you can or cannot perform in each of the three (3) zones You can stop temporarily, drop/pick- up a passenger to or from the curb in a no standing zone You can stop temporarily, drop/pick- up a passenger and person property to of from the curb in a no parking zone Keep driving in a no stopping zone. Period. End of story 14

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16 How much will you have to pay in NYC parking ticket fines? This is an open website test. We are going to focus on fire hydrant and bus stop violations, along with the 3 Nos. Is your #2 pencil sharpened? NYC drivers are you ready to rock and roll? Begin. 1. You are prohibited from parking within feet of a NYC fire hydrant. A.5 B.10 C.15 D You can always stop, stand, or park next to a fire hydrant, if you have a licensed driver sitting behind the wheel, ready to move your vehicle upon request to do so. True or False? 3. You can obtain an on line fine reduction for a fire hydrant parking ticket. True or False? 4. The fine for a fire hydrant violation is $. A.$65 B.$95 C.$115 D.Depends upon the location of the fire hydrant 5. You can park next to a fire hydrant, if it is broken. True or False? 6. A bus stop ends 50 feet from the bus stop sign. True or False? 7. A bus stop never ends. True or False? 8. A bus stop ends at the next parking sign in the direction of the arrow(s) on the bus stop sign; or if no parking sign, the end of the block. True or False? 10. You can stop temporarily to expeditiously discharge a passenger and a suitcase in a bus stop zone. True or False? 11. "Temporarily" is 3 hours and 25 minutes. True or False? 12. A bus stop violation is a no standing violation. True or False? 13. A bus stop parking ticket will cost you $115, and can be reduced upon application to $90, in exchange for a guilty plea 14. There is a yellow painted curb to indicate the length of a bus stop zone. True or False? 15. You can be issued multiple parking tickets for a bus stop violation as long as they are issued more than one (1) hour apart. True or False? 16

17 16. You can stop temporarily to drop off or pick up a passenger in a No Standing zone. True or False? 17. You cannot stop temporarily to drop off luggage in a no parking zone. True or False? 18. You can never stop to drop off or pick up a passenger in a no stopping zone. True or False? 19. You can stop temporarily in a no standing zone to help your 100 year old Mother with her groceries. True or False? 20. If a required element is omitted, misdescribed, or illegible on your parking ticket, you win upon application. True or False? So, how did you do? Did you answer every question correctly? Check back on Wednesday for a new post with all the answers. Good luck. Park safely. 17

18 Answers to the Test This is an open website test. We are going to focus on fire hydrant and bus stop violations, along with the 3 Nos. Is your #2 pencil sharpened? NYC drivers are you ready to rock and roll? Begin. 1. You are prohibited from parking within feet of a NYC fire hydrant. A.5 B.10 C.15 D You can always stop, stand, or park next to a fire hydrant, if you have a licensed driver sitting behind the wheel, ready to move your vehicle upon request to do so. True or False? 3. You can obtain an on line fine reduction for a fire hydrant parking ticket. True or False? 4. The fine for a fire hydrant violation is $. A.$65 B.$95 C.$115 D.Depends upon the location of the fire hydrant 5. You can park next to a fire hydrant, if it is broken. True or False? 6. A bus stop ends 50 feet from the bus stop sign. True or False? 7. A bus stop never ends. True or False? 8. A bus stop ends at the next parking sign in the direction of the arrow(s) on the bus stop sign; or if no parking sign, the end of the block. True or False? 10. You can stop temporarily to expeditiously discharge a passenger and a suitcase in a bus stop zone. True or False? 11. "Temporarily" is 3 hours and 25 minutes. True or False? 12. A bus stop violation is a no standing violation. True or False? 13. A bus stop parking ticket will cost you $115, and can be reduced upon application to $90, in exchange for a guilty plea. TRUE 14. There is a yellow painted curb to indicate the length of a bus stop zone. True or False? 15. You can be issued multiple parking tickets for a bus stop violation as long as they are issued more than one (1) hour apart. True or False? 18

19 16. You can stop temporarily to drop off or pick up a passenger in a No Standing zone. True or False? 17. You cannot stop temporarily to drop off luggage in a no parking zone. True or False? 18. You can never stop to drop off or pick up a passenger in a no stopping zone. True or False? 19. You can stop temporarily in a no standing zone to help your 100 year old Mother with her groceries. True or False? 20. If a required element is omitted, misdescribed, or illegible on your parking ticket, you win upon application. True or False? 19