This offense, if convicted, will add points to your record. Plead not guilty. When you appear in court you may be able to negotiate a plea bargain to so etching that wouldn't add points. It's advisable to consult with an attorney to represent you.
You are facing 3 points. If you received the summons outside of NYC generally a plea bargain can be reached which will result in no points. Keep in mind the fine will be equal or greater than the original charge.
Plead not guilty and mail it in registered.
Hire a lawyer if you can to fight it.
If you can't, show up and negotiate if they allow it or question the cop if it's a trial.
Joseph A. Lo Piccolo, Esq.
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
My colleagues make some very good points and suggestions. If you were to plead guilty or if you were found guilty at a trial, you would, indeed, be facing three points on your license, and you would be facing a fine of between $0 and $150.00, PLUS a New York State surcharge of either $80.00, if the matter is in a City Court, or $85.00, if the matter is in a Town or Village Court. If you plan to handle the matter yourself, I would recommend that, first, you plead not guilty and mail the ticket in with that plea. Keep in mind that the Court will likely respond to the your address that is on your ticket. Therefore, if your address has changed, you should notify the Court immediately be mailing, along with your ticket, a brief letter telling the Court that your address has changed and informing the Court of your new address. (You should also notify DMV of your change of address, as not doing so is actually another violation of the Vehicle and Traffic Law). If this matter is in a Court outside of New York City, you will most likely receive a response from the Court called a "pre-trial conference notice". This notice will inform you of a date and time on which you would have to appear to negotiate this matter with the prosecutor and present any plea offer he/she makes to you, to the Judge, who would then consent or not consent to the plea offer and, if he/she consented, would then allow you to plead guilty to a reduced charge. The Judge would then assess a fine and, in some cases, might order certain other conditions of plea (taking a defensive driving course, for example). You would have the opportunity to pay your fine right there or most Courts (though NOT all) would give you time to pay your fine. The reduced charge that I would look for, if I were you, would be Vehicle and Traffic Law section 1201(a) "stopping/standing on the pavement" or, as it's more commonly referred to, "parking on the pavement". (Some prosecutors use alternatives to 1201(a), like 1200(d) or 1101, both of which are punishable by the same fine as 1201(a)...if you are not sure of the potential fine/points, etc. for what the prosecutor offers you, ask him/her or ask the Judge). Section 1201(a) is a non-moving parking violation, punishable by a fine of between $0 and $150.00, just like 1172(a), BUT, 1201(a) has no state surcharge, no points, and it never even shows up on your Abstract of Driving Record. Speaking of which, if you plead not guilty and handle the matter by yourself by going to a pre-trial conference, I would recommend that, before the conference, you go to any DMV office and request a copy of your "Abstract of Driving Record". This will cost you $10.00, but bringing it with you will allow you to show the prosecutor and the Judge that you have a clean driving record. Some prosecutors/Courts print these on their own, but some do not, so you will want to have it with you. So, if you can get the prosecutor to offer 1201(a), you will have saved yourself the $80.00 or $85.00 surcharge, you will have saved yourself the points, and you will have prevented something from showing up on your driving record. Of course, 1201(a) is not the only possible plea offer that the prosecutor would make; it is simply the best offer you could likely hope for. I would recommend that you consult with an attorney to, at least, familiarize yourself with other plea offer possibilities and to familiarize yourself with the other options you would have available to yourself, besides attending a pre-trial conference, if you were to hire an attorney. Keep in mind that sometimes...not all the time...but sometimes, attorneys can negotiate better deals than non-attorneys and attorneys can more easily determine if there are grounds for dismissal of your ticket and/or reasons why you might want to take the matter to trial. Good luck to you!
Matthew J. Werblin, Esq.
Attorney at Law
81 Molly Court
Niskayuna, NY 12309-2227