Criminal Law Questions? Ask a Criminal Lawyer.
Hi tax, yes, you are in the right department.
IN NYC, if you wish to contest a ticket (and I don't blame you!) you should request a hearing within 30 days of receiving the ticket. This avoids incurring any penalties. Hearings are also available after 30 days, but if an administrative law judge upholds the fine, the penalties may also be owed. After a ticket is in judgment (approximately 100 days without payment or hearing request), a vehicle owner must submit a Request for Hearing After Judgment form to request a hearing.
You will receive the judge's decision at the conclusion of an in-person hearing. If you request a hearing by mail or via the web, the decision will take approximately 75 days.
Here are some helpful online sources in the City so you can get started right from home:
Request an Online Hearing (Hearing-by-Web)Request a Hearing-By-MailRequest an In-Person Hearing Request for Hearing After Judgment Appealing a Hearing DecisionCommon Reasons for Disputing a TicketViolation Codes, Fines, Rules & Regulations Red Light Camera Program
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Regarding to the not displaying parking receipt at dashboard, do you recommend me paying the ticket or appealing it because I misplaced the receipt?
Regarding to the hydrant - I took a picture of my car parked about 12 ft or so away from the hyrdrant. How far should a hydrant be parked from your car? If a hydrant is broken, does it effect the ticket being dismissed? I am going to appeal this ticket but when I checked the status online, it says hearing pending but a couple of days ago I received a letter from NYC Department of Finance Adjudication divisionand and it stated please be advised that we are unable to make a decision since you have not furnished us with a clear explanation of why you ar not liable for the summon(es) listed below, and/or have NOT enclosed necessary documenation or evidence. Important: Please RETURN THIS LETTER with the necessary explanation and documenation to the above address.
This ticket was issued on 1/8/10. The violation code is 40. Is there any particular format or terminoloy I should add on my appeal letter or is there any sample letter to follow by that will help me to write an appeal letter?
With regard to your post, these are actually additional questions far beyond the scope of the original questions and transaction you chose, but in an effort to be further helpful:
Regarding to the not displaying parking receipt at dashboard, do you recommend me paying the ticket or appealing it because I misplaced the receipt? Without having the file of the authority to review or any other evidence, I can not recommend either way here, I can only provide the legal information you requested.
Regarding to the hydrant - I took a picture of my car parked about 12 ft or so away from the hyrdrant. You said 15 feet before. Make sure you don't mistakenly give contradicting remarks if you do seek to defend agains ticket.
How far should a hydrant be parked from your car? Abide by the regulation you were charged with. If it says 7, then be more than 7. If a hydrant is broken, does it effect the ticket being dismissed? Likely not, there is generally no basis in the statutes generally excusing one from parking there is the hydrant is broken.
I am going to appeal this ticket but when I checked the status online, it says hearing pending but a couple of days ago I received a letter from NYC Department of Finance Adjudication divisionand and it stated please be advised that we are unable to make a decision since you have not furnished us with a clear explanation of why you ar not liable for the summon(es) listed below, and/or have NOT enclosed necessary documenation or evidence. Important: Please RETURN THIS LETTER with the necessary explanation and documenation to the above address. Do as they say if you plan to try to refute.
This ticket was issued on 1/8/10. The violation code is 40. Is there any particular format or terminoloy I should add on my appeal letter or is there any sample letter to follow by that will help me to write an appeal letter? No, they are very familiar with pro se (non lawyer) appeals - it is the norm.
I am confused by your post and in no way felt hostile, so I'm not sure why that came across to you - perhaps it is one of the negatives when we communicate only in a legal written setting - it appears dry and lacking in feeling at times. My apologies. If you would like follow up, please let me know. You asked me:
"am I able to appeal, it's been over 20 days?" And I provided the YES answer as well as full direction on how to actually accomplish that. I believe I gave you complete guidance on the ins and outs of appeal in NYC. (If for some reason you can not access the links, let me know! They are very helpful to your situation.)
You then asked me if you should pay it or appeal ("do you recommend me paying the ticket or appealing it because I misplaced the receipt?") -- I am being honest when I say, I have no idea. I have no idea of any evidence they have against you, if the officer will show up at the hearing, etc. If you think you can convince the judge that you are telling the truth and the officer is mistaken (or lying), then I suppose I would appeal. But if I knew I was right but had no evidence to support, I might not, as unfair as that would be to me. That is the way I would look at it if I were you, but it is definitely a personal choice, often depending in the amount of time and energy you want to spend, out of principle.
Anyway, that being said, there seems to be no question of yours that I didn't address. While follow up by you is invited, as I noted above, I can only respond when you ask for something specific, because otherwise I have no idea what needs clarification. Are you now saying, in a round about way, that you would like to know more answers than originally posed (and subsequently), ie. what the min. distance is between car and hydrant? Let me know, and I will work on getting that for you.
Thanks! I hope we have cleared the air here.
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