On October 3, 2011, Bernard Weitz was cited for parking too close to a New York City fire hydrant. Rather than contest the citation, Weitz took his lumps and paid the $115 fine online. The city added a $10 penalty and a $2 credit card fee for a grand total of $127. Now, Weitz is suing the city for $500 million dollars over the incident, claiming the amount of the fine, surcharge, penalty and fee were illegal under New York law.
Weitz cites New York Vehicle and Traffic Law §237(2), which says that in cities of one million or more people, the monetary penalties for "violations committed in spaces where stopping or standing is prohibited ... shall not exceed one hundred dollars." Weitz asserts that the surcharge, penalty and fee on his citation pushed it over the legal limit and that the city has been issuing these illegal tickets for six years. For this breach of law, Weitz is asking for $500 million in damages.
Though it's anyone's guess as to how Mr. Weitz's lawsuit will actually play out, he did follow the first rule about New York traffic tickets: do not ignore them. Failing to answer a ticket can result in the loss of your driver's license or driving privileges. Driving on a suspended or revoked license is a criminal act; there is no need to run that risk by failing to address a ticket.
New York City and some larger cities in the state allow drivers to respond to parking and some moving violation tickets through an online system. Through the NYCServ eService Center, you can choose to contest the ticket by requesting a hearing or simply pay the fee. If you are requesting a hearing, it must be done within 30 days of the violation to avoid incurring penalties. However, if an administrative law judge upholds the ticket, you may still have to pay the penalties.
The municipality may try to negotiate a settlement with you for a reduced amount. By accepting the settlement offer, you waive all rights to a hearing and an appeal. It is the city's way of saving the costs of a hearing and ensuring it makes some money from your ticket.
