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The NYPD Was Ticketing Legally Parked Cars; Open Data Put an End to It

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Re: The NYPD Was Ticketing Legally Parked Cars; Open Data Put an End to It

#181
post #108

Earlier quoted context omitted.

It is state law. A municipality can't override it.

Do you have a state law reference that covers T intersections?

NY Vehicle and traffic Article 32

    S 1202. Stopping,  standing or parking prohibited in specified places.
      1. Stop, stand or park a vehicle:
        d. On a cross walk;
      
      2.  Stand  or  park  a  vehicle,  whether  occupied  or  not,  except
          momentarily to pick up or discharge a passenger or passengers:
        b. Within twenty feet of a cross walk at  an  intersection,  unless  a
           different  distance  is indicated by official signs, markings or parking
           meters;
Formal definition of a crosswalk in Article 1:

    S 110. Crosswalk.
      (a)  That  part  of  a roadway at an intersection included within the
      connections of the lateral lines of the sidewalks on opposite sides of
      the highway between the curbs or, in  the  absence  of curbs, between
      the edges of the traversable roadway.
      (b)  Any  portion  of  a  roadway  at  an  intersection  or  elsewhere
      distinctly indicated for pedestrian crossing by lines or other  markings
      on the surface.
In other words there are crosswalks at every intersection whether marked or not. Crosswalks elsewhere must be marked to be recognized as such. That is why the unmarked curb cuts in the middle of a block don't count for parking violations. T intersections are not special in any way and are subject to the same rules as all others.

Re: The NYPD Was Ticketing Legally Parked Cars; Open Data Put an End to It

#182

Earlier quoted context omitted.

No you can almost never appear in front of a judge. Random people from around town (who may not even be lawyers) that adjudicate administrative (extrajudicial) trials are not judges. That makes more sense when you realize that final appeals from these adjudicators' decisions go to the director of the agency.

I don't know how it works in SF, but after my final administrative hearing was denied in Oakland in exactly the way you describe, I filed an appeal in the county court, appeared before a real judge, and won: https://news.ycombinator.com/item?id=10381103

No, you likely appeared before a superior court commissioner, not a judge.

1. The agency reviews it.

2. An "independent" ALJ reviews it.

2a. Sometimes the head of the agency can and will review it.

3. * A superior court commissioner (traffic commissioner) reviews it. *

4. A superior court judge (a "real judge") reviews it.

#. Courts of appeals do NOT review these cases.

#. Supreme Court does NOT review the cases.

You got to 3 but you likely never actually saw a judge. A hearing by a "real judge" costs a hell of a lot more than $25 in California.

Re: The NYPD Was Ticketing Legally Parked Cars; Open Data Put an End to It

#183

Earlier quoted context omitted.

I don't know how it works in SF, but after my final administrative hearing was denied in Oakland in exactly the way you describe, I filed an appeal in the county court, appeared before a real judge, and won: https://news.ycombinator.com/item?id=10381103

No, you likely appeared before a superior court commissioner , not a judge. 1. The agency reviews it. 2. An "independent" ALJ reviews it. 2a. Sometimes the head of the agency can and will review it. 3. * A superior court commissioner (traffic commissioner) reviews it. * 4. A superior court judge (a "real judge") reviews it. #. Courts of appeals do NOT review these cases. #. Supreme Court does NOT review the cases. Yo…

I appreciate your skepticism, but I did appear before a superior court judge. Specifically, my court documents say "dismissed by court without prejudice" with the presiding judge: Ursula Jones Dickson, Alameda Superior Court Judge.

It is not just an issue of her name appearing on the paperwork. My testimony, as well as the parking department's, was made directly to her, and I presented my evidence to her as well.

You can check for yourself that it costs $25 to appeal a ticket in Alameda County Superior Court: http://www.alameda.courts.ca.gov/Pages.aspx/How-to-appeal-yo...

Edit: I am willing to believe that you don't necessarily see a Judge if you file an appeal, but I definitely did myself.

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