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Dwayne B.
Dwayne B., Attorney
Category: Traffic Law
Satisfied Customers: 32369
Experience:  Began practicing law in 1992
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I drive in New Jersey. I picked up a passenger in New Jersey

Customer Question

I drive for Uber in New Jersey. I picked up a passenger in New Jersey and dropped him off at JFK airport (I believe dropping off is legal, please correct me if I'm wrong). At the airport, an undercover cop asked me for a ride to Newark Airport in NJ. I told him that I'm an Uber driver but he insisted on paying me cash. I told him I can't take cash. That's when the other cop showed up and wrote me at ticket. The tickets states I am in violation of NYAC 19-506(b)(1). The ticket description states that I stopped for him on a street hail and that we agreed to go to Newark Airport for a fare to be determined at the end of the trip. This is not accurate, as I did not stop for his street hail but rather I stopped to drop off the passengers in my car. Also, I never agreed to take him to Newark Airport because I said no to cash. Can this ticket be fought and dismissed? I am assuming it is ok for me to drop someone off from NJ to NY. The issue is picking up someone in NY, which I technically did not do because I never agreed to take him and never took any payment.
Submitted: 5 months ago.
Category: Traffic Law
Expert:  Ray replied 5 months ago.

Hi and welcome to JA. Ray here to help you today.

You can dispute the ticket.It would be your word against the cop.You might consider local NYC lawyer to see if they can get it dismissed or try it.

Customer: replied 5 months ago.
Have you dealt with NYAC 19-506 and have experience with this kind of Uber issue? If not, is there someone on this forum who has? Thanks.
Expert:  Ray replied 5 months ago.

§ 19-506. b. 1. Any person who shall permit another to operate or who shall knowingly operate or offer to operate for hire any vehicle as a taxicab, coach, wheelchair accessible van or for-hire vehicle in the city, without first having obtained an appropriate license therefor, shall be guilty of a violation hereof, and upon conviction in the criminal court shall be punished by a fine of not less than four hundred dollars or more than one thousand dollars or imprisonment for not more than sixty days, or both such fine and imprisonment.

Yes it is the common way they try to snag people.

Expert:  Ray replied 5 months ago.

This offense, a misdemeanor criminal charge, given the 60 day potential jail sentence, generally applies when the police believe that a person is operating as a taxi cab without an appropriate license from the Taxi and Limousine Commission.

And I understand that you are not a taxi, you certainly can dispute this.They cannot prove you offered to do this for cash.

Expert:  Ray replied 5 months ago.

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Expert:  Ray replied 5 months ago.

Try one of these guys to help. I think you may well be able to resolve this in your favor.

Expert:  Ray replied 5 months ago.

I thought this might help you, it is illegal to drop off in NYC if you are unlicensed.

http://uberpeople.net/threads/tlc-problems-but-i-never-picked-up-in-nyc-update.59618/page-

Check with uber to see if they will help you here, they got lawyers.

Thanks again I appreciate the chance to help you.

Expert:  Dwayne B. replied 5 months ago.

Different expert here. I've looked over the questions and answers by the other expert, who is very skilled and the answers are correct.

The website is showing you asked for a new expert, what was the reason for that? I need to know to be able to know whether I can assist.

Customer: replied 5 months ago.
The other expert relied on a blog where someone stated "it is illegal to drop off in NYC if you are unlicensed". I don't believe that is true and it is a blog post that he is providing as authority twice. It is illegal to pick up someone in NYC but I do not believe it is illegal to drop off. Either way, he was relying on blog posts. That is why I requested another expert.
Expert:  Dwayne B. replied 5 months ago.

Okay. Many of use use websites, blogs, etc. not because they are authoritative but because they often explain the law in a way that is easily understood. I can certainly try and find other website if you just don't want that kind of source quoted or I can leave out the sources completely.

I can't do case law research, first because that isn't a part of the question and we are limited to answering the original question and follow ups to a degree, second because it is extremely expensive to access the databases we use and can quickly end up with a bill for several hundred dollars. However, if you want case law then you can open another thread or use the Additional Services button and then put it out there for the experts to look at and if any of them think they can do it for the extra price you offer then they will pick up.

So...after all that, all I really need to know is if you want me to 1) confirm that the other experts information/answers were correct and then 2) if you want additional sources and 3) do you just want me to leave blogs out of the sources?

Customer: replied 5 months ago.
please leave out blogs. The blog source stated "it is illegal to drop off in NYC if you are unlicensed". I don't believe that is true. Yes I would like additional sources for that question. Also, if possible, I would like to speak to someone that has dealt with 19-506, and get their opinion on whether I have a case to get this dismissed. I am aware of what 19-506 says as I found that online as well. Thank you.
Expert:  Dwayne B. replied 5 months ago.

Be back with you in a sec

Customer: replied 5 months ago.
One more thing, I have seen 2 different versions of 19-506(b)(1) and I can't determine which is current. The version provided by the previous expert, which I have seen on some sites, states "shall be punished by a fine of not less than four hundred dollars or more than one thousand dollars". I have seen on other sites "shall be punished by a fine of not less than one thousand dollars or more than two thousand dollars." Please let me know if you can determine which one is the current and correct fine. Thank you.
Expert:  Dwayne B. replied 5 months ago.

I'm not familiar 19-506 although the chances are good that I've dealt with something similar form when I was a city attorney and drafted ordinances, etc.

If you want an expert specific to that question I can opt out and open it back up but the chances are reasonably good that you're not going to get someone with that specific experience. There are a limited number of experts on here.

Let me know if you want me to continue or opt out. You can also open a separate question specifically on the 19-506 since that really isn't a follow up to the original question. I can find the fine for you, of course.

Customer: replied 5 months ago.
can you please let me know which version is current in terms of the fine. After that I will opt out of this question chain. Thanks.
Expert:  Dwayne B. replied 5 months ago.

Why are you going to opt out of the question? Do you mean open another thread?

Customer: replied 5 months ago.
You asked me if I wanted to continue or opt out. I just meant that I will opt out since you said I will probably not find someone with specific experience on 19-506. Can you answer the question about the fine on this thread or do I have to open another one?
Expert:  Dwayne B. replied 5 months ago.

No need to open a new thread on that one. We'll just call it a follow up.

The current 19-506 can be seen at http://law.onecle.com/new-york/new-york-city-administrative-code-new-/ADC019-506_19-506.html.

The punishment listed in 19-506(b)(1) is a fine of not less than one thousand dollars or more than two thousand dollars or imprisonment for not more than sixty days, or both such fine and imprisonment.

So, in plain English, you can get up to 60 days in jail, a fine of $1000-2000, or a combination of the fine and the jail time.

Also, any other questions/answers from above that you need clarified?

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.