Ok guys, thanks for your input. I am definately going to fight this one. I was just wondering if it was legal or not and I now know it isnt. I'll let you know how it goes.

Rosh

 

from a legal standpoint, you should look into what technically constitutes double parking...find out either thru the DMV manual or statutes for NY. if you were physically present in your car with the motor running, that might not constitute parking. depends on the wording of the statute. then, you might have an argument to the judge.

<FONT COLOR="#800080" SIZE="1" FACE="Verdana, Arial">[This message has been edited by TLover8888 on April 27, 2001 @ ]</font>

 

Definately, the first thing you should do is look up the law that your ticket says you broke. Read it carefully, and determine if what you did was illegal. Even if it was illegal, you should fight it, because it's a stupid law. The best place to look up the law would be at a law library. If you can get to a university with a law department, they should have a very good law library, and you should be able to use it. Many municiple law libraries are limited to use by members of the bar. The next thing you should do is look up cases involving the same law. It's easy to look up, just asked the librarian to help you. By doing this, you can see how this type of case has been argued, and what arguments have won.

Good luck!
P.



<FONT COLOR="#800080" SIZE="1" FACE="Verdana, Arial">[This message has been edited by Pedestrian on April 27, 2001 @ ]</font>

 

That's suck...

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i doubt that will convince the judge...he could just rebut with the argument that its not the judicary's position to say if its stupid or not. that's the legislature's job so take it up with them. however, looking into cases to see if other judges have voided tickets similar to your ticket will help.

 

Rosh, Fight it anyway! Chances are its not illegal. And if the judge says its illegal what you did, DONT tell him its a stupid law! Just say your sorry you didnt know it was illegal and he most likely will dismiss it with a warning. The WORST thing that could happen is that you have to pay the ticket, which if you dont fight it you have to do anyway.

 

So this time, I am waiting for a parking spot with my signal on but the guy who was leaving was blocked in by a pathfinder which was double parked. So I waited for about a minute or two and then a police van pulls in and blocks both of us in. One gets out and goes to the pathfinder to write him a ticket. At this time, I was saying to myself, "that sucks, he got a ticket." The other guy comes to me and asks me for my registration. I gave it to him and asked what did I do? He said "I am issuing you a summons for double parking" I said I was waiting for this guy to get out of his spot and I had my signal on but he still gave me a ticket. The ticket is $55 and its for double parking. What should I do? I know I didn't deserve the ticket. If I did, I would gladly pay it but because I was waiting for a spot, I feel as though I was obeying all the traffic rules. Should I fight it or should I just pay it and avoid the fine? DAMN COPS WHY DO THEY HATE ME!

Thanks guys,
Roshan Patel

<FONT COLOR="#800080" SIZE="1" FACE="Verdana, Arial">[This message has been edited by Black TL on April 27, 2001 @ ]</font>

 

That's just plain stupid! Damn that sucks.. I would fight it, 100%!
Ed

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Hey, I just realized...In NJ, you can get a ticket for that.. At least in Monmouth county.. You can also get a ticket there for parking and hitting the car in front or behind you if you tap them... In NJ they expect you to pull straight into the spot, and not block traffic on this one street(Norwood Ave)because even though it's a 2 lane street, it's considered a highway with traffic lights and speed limits of 40 mph..Really sucks, cops that look to give tickets for this kind of stupidness..
Ed

 

That really sucks. I thik if you were to fight it in court, you would win. Write everything down NOW while you remember the details and use it as your notes for court. Chances are the cop wont even show up, but,,,in case you need other ticket fighting strategy, check out this site. May not apply to everyticket, but it couldn't hurt...especially forr those speeding tix we all seem to get...
http://www.ticketassassin.com/

 

Rosh, sounds like you got some terrible cops by you. I would fight that one just on principle. Dont pay it and let them get away with it. Thats harrassment, he could have asked you what you were doing and asked you to move. The judge should throw that one out.

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Tom

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damn, I was expecting to read a post about someone going 100 MPH and trying to get out of it, but DAMN, it seems like you got the shaft on this one. Chalk it up to another werid law. Definately, write what you remember down even though you think you have a good memory.

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I'm sorry to hear that you had to get a ticket for allegedly double-parking while waiting for the guy to pull out of the spot. Like someone had brought up, if you had the engine running and that the gear was still in "D" or "R", it should not consititue as parking. That was really inconsiderate of the police.

However, when you're trying to street park, it has to be done in a manner so that you are not obstructing the flow of the traffic. Even if you were not parked per se (with the engine running and the gear still in "D"), you were still in the way of other cars(?) for a prolonged period of time. I'm just assuming that cuz I don't think the cop would've given you a ticket. If my assumption is wrong, I apologise.

In any case, to fight or not to fight is totally up to you. It depends on how much time you have on hand for this issue. IMHO, $55 is not worth fighting for. You'd have to take a day off from work and go into court. And there is no gurrantee that the judge will agree with you. To me that would be a lot of hassle... it's not that easy for me to take days off at my own will. I'd just pay the damn money and get on with my life. That's just my two cents and the decision is yours.

Once again, it really sucks that you got the ticket. I'm not disagreeing with you in that the cops were inconsiderate. Good luck.

 

That cop needed a hug (or a bran muffin) WTF! I would contest it for sure. Would that affect your insurance? I've got 5 more yrs of increased premiums on a speeding ticket 2 yrs ago....... Geico can't help us here in massachusetts..........