Submitted by Don Norte, Apr 25, 2007 11:44

While New York City, is definately an international hub of world policy due to the presence of the United Nations, let's remember that the vehicle, not an individual, is in violation when a parking citation is issued. The registered owner of the vehicle is de facto the reponsible party, whether or not the individual was actually present at the time the citation was issued. One would have to consider the difference between a moving violation and a parking violation in terms of evidence. The fact that a parking citation has been issued is all the evidence an issusing authority, in this case the City of New York needs to stand up in court if it is appealed. The same is not true of a moving violation where the action of the driver present is being weighed on the scales of justice. For example someone who receives a speeding ticket and wants to dispute it can have their day in court , however on a moving violatioin requires some sort of testimony from the law enforcement entity that a violation occured for evidence. A parking citation does not require the officer to be present.. The fact that a citation was issued IS the evidence. It will be interesting to listen to the ruling if the case is heard in the Supreme Court and how the distiction between a parking violation and moving violation is addressed in weighing in evidence in the court of law.

Don Norte

Past President, California Public Parking Association

Note: Comments are screened, and in some cases edited, before posting. We reserve the right to reject anything we find objectionable.