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Obstruction of Driveway Ticket

Astoria, NY |

I parked in a no standing zone. My car got towed. When I got it back, I noticed the ticket is for obstruction of driveway, NOT for parking in a No Standing Zone. I can take photos of the address on the ticket and show that there's no driveway on that property.

Basically, I'm wondering whether "I was breaking a law, just not the one you ticketed me for" is a valid defense? Is there a chance they'll nail me on the No Standing violation or are they out of luck since the officer who issued the violation screwed up?

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Attorney answers 3

Posted

Put in the proof. They can't establish the No Standing after the fact!

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

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.

Posted

They cannot amend the violation. However, even with the photos there is no guarantee of a dismissal. Parking Violations ALJs are not always swayed by them.

Posted

You don't have to address anything that you weren't charged with. If you were on,y charged with blocking a driveway and you can prove that there is no driveway at the location indicated on the summons then send in the summons, or go in person to the parking violations unit with a not guilty plea and bring your proof. If your proof is sufficient you should get the summons dismissed. The no standing is irrelevant.