Legal Question in Traffic Law in New York

camera violation captured me accessing valid parking space so that I could legally park my vehicle. I pulled just ahead of parked vehicle to allow other vehicle to exit first. City has valid parking situated directly adjacent to bus lane, therefore driver MUST enter bus lane in order to advantage of valid parking opportunity.

because the bus lane camera is static it cannot differentiate between a vehicles illegally resting in the bus lane from a vehicles temporarily in the bus lane to park legally, it become a serious conflict of the NYC bus lane law in this particular instance.

I felt that the best away to challenge this violation would be in person, however after sitting before the panel and clearly auguring my position, a guilty verdict was rendered. i feel that this is a injustice and should warrant additional review. i do agree with the verdict because NYC allows legal parking immediately adjacent to a bus lane, and there is no other way to access that legal parking without temporarily entering into the bus lane. The video clearly shows that no bus came into the bus lane during the 60 seconds i needed to legally park, nor did I impede any bus from freely moving in the bus lane.


Asked on 12/08/16, 8:48 am

1 Answer from Attorneys
Robert Evans Robert S. Evans esq.

Your situation is a prime example of the lack of fairness in NYC & NYS administrative violation systems. The fact that you are unable to confront & cross examine your accuser effectively deprives you of your due process.The rational behind the system is that there are no points on your driving record When dealing with municipalities there is always a give & take. The only way to prevail in cases such as yours is to get a group of individuals that were similarly aggrieved & bring a class action law suit.I wish you luck in your endeavor. I represent many drivers & trucking companies & have been trying to get them to organize & pursue such an adventure. It is both time consuming & expensive..

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Answered on 12/08/16, 2:01 pm


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