If the charged violation part of a parking ticket was not filed out, can itbe dismissed?

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If the charged violation part of a parking ticket was not filed out, can itbe dismissed?

I got a ticket 2 months ago and it doesn’t state what I did wrong. Also, the color of the car was missing. I only found out that it was a ticket for parking to close to a fire hydrant when they sent me an invoice and a envelope to send in the money. However, I found out after I was unable to take sufficient pictures to prove my case. I was also wondering what exactly what to write on my defense statement?

Asked on December 23, 2010 under General Practice, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Tickets in New York are defective when a required element under the law is missing or misdescribed.  I have heard of tickets being dismissed because the state of registration was missing.  the color of the car may not be a required element if the plate number and the registration info was correct.  But the listed offense may be good enough for you to try and to make a case for yourself.  Go down to the offices where hearings are given as soon as you can to try and deal with the ticket.  You must do so in person.  Bring the original ticket with you and make a copy for your records just in case.  Good luck. 


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