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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23200
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I entered the park @ Lenox Ave the nypd pulled me over in front

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I entered the park @ Lenox Ave the nypd pulled me over in front of the sign @ 104th st & said I couldn't drive in the park by myself I needed passengers ... Why weren't there signs posted & how was I supposed to know since there were no posted signs?

I've lived here just as long, and you just told me something I didn't know either. However, unfortunately, like the saying goes, ignorance of the law is no excuse. That is, the police officer was right. We are each of us deemed to know all of the laws of our state, whether that's true or not. Otherwise, we could always say, "I didn't know it was wrong," and get of of the hook.

I am looking at the NYC park regulations and I can't find this one. It must be buried somewhere. If you know the section of the law -- it should be on the ticket -- let me know. But all of these park regulations are Class B misdemeanors. They carry a maximum penalty of 30 days in jail, but they are always reduced to violations (which are not crimes) or are ACD'd. An ACD is a dismissal but it doesn't seal for 6 months during which time you have to refrain from getting arrested again, which I am sure is not going to be a problem for you.

This case is not worth more than an ACD, and that's what I expect to happen. When you show up in court, if it is not dismissed outright, you can plead not guilty when you are arraigned and ask the judge for an ACD if the DA doesn't offer you one.

An ACD does not require a plea of guilty. It is not a criminal conviction. It is a dismissal. All records of it will be destroyed in 6 month from the date you agree to the ACD and it will be sealed and not turn up on a background check.
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Customer: replied 3 years ago.
Violation of section 103 subsection c2 or 02 her handwriting is poor
Hi Patricia,

Looks like C2 to me. There is no 02. Here's the subsection, and everything i already said above still applies:

§1-03 General Provisions

c. Failure to Comply with Directions of Police Officers, Urban Park Rangers, Parks Enforcement Patrol Officers, or Other Department Employees, or Park Signs.

  1. No person shall fail, neglect or refuse to comply with the lawful direction or command of any Police Officer, Urban Park Ranger, Parks Enforcement Patrol Officer or other Department employee, indicated by gesture or otherwise.
  2. No person shall fail to comply with or obey any instruction, direction, regulation, warning, or prohibition, written or printed, displayed or appearing on any park sign, except such sign may be disregarded upon order by a Police Officer or designated Department employee.

This case really ought to be dismissed outright if there was no sign. But if it's not, you really want an ACD.

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