4-14(a)(2) Commercial Vehicle on Parkway

Driving in the five boroughs of New York City is challenging. There is a lot of traffic and a lot of rules. Driving a commercial vehicle (CMV) is more challenging because it is harder to maneuver around traffic and a CMV comes with more rules. Among other restrictions, there are many busy roads that are entirely off-limits to CMV’s. This includes all “Parkways”. The New York City Department of Transportation website has a list of the parkways. Many traffic stops occur every day for CMV’s on the parkways.

The text of the relevant statute is as follows:

Use of parkways restricted. Commercial vehicles, pedestrians, horses, limited use vehicles and bicycles are prohibited on parkways.

Driving a CMV on a parkway is a violation of Rule 4-14(a)(2) of the New York City Rules and Regulations. This violation carries a fine of $138 and does not have points.

In many instances, this ticket is issued along with another ticket, e.g., Disobeying a Traffic Control Device. Some motorists plead guilty to the ticket for driving commercial vehicle on parkway while pleading not guilty to the other ticket. This is a mistake. For several tactical reasons, if you are disputing one ticket you should dispute all tickets.

Fighting Traffic Ticket in New York City

Just like driving in New York City, fighting a traffic ticket in New York City is more challenging than it is in the rest of the state. This is because of the unique Traffic Violations Bureau (TVB) for New York City tickets. The TVB is an administrative agency of the Department of Motor Vehicles. There are 8 TVB locations in New York City, two in Queens County, two in Kings County, two in New York County, one in Richmond County, and one in Bronx County.

There are several important distinctions between the TVB and a regular traffic court. In the TVB, there are few discovery rights. Another difference in the TVB is that there is no plea bargaining. If you contest a ticket, the TVB will schedule a trial/hearing before an Administrative Law Judge. The police officer that conducted the traffic stop ticket is required to appear and prosecute the charge. The officer cannot have plea bargain conversations and is prohibited from conducting off the record conversations about the ticket.

For the above reasons, fighting a traffic ticket in the TVB can be challenging. Showing up and simply claiming that the officer is mistaken or is lying rarely helps. Your narrative or defense will generally not be accepted unless it is backed by an uninvolved witness or solid evidence.

A traffic lawyer gives you a better chance at beating the case. The best way to fight a ticket is by finding something wrong with the ticket, the officer’s notes, or the officer’s testimony. It can be a factual issue or legal issue and it can be an omission or a contradiction. By establishing that the officer’s presentation of the case was not sufficient, you will win the case. A seasoned traffic lawyer is better able to find the mistake in the officer’s presentation of the case.

An additional benefit of retaining a traffic law firm is that you will not have to appear personally in court. There is no benefit to appearing personally in court unless you are presenting a provable defense. Your attorney can make all the court appearances for you and fight the ticket in your place.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a law firm that opened in 2011. Since then, we have been dedicated to traffic ticket defense. Attorneys for our firm have helped many hundreds of motorists with tickets in the Traffic Violations Bureau. We will be glad to take on your case.

Should you retain our firm, you can be assured that the attorney assigned to your case will have many years of experience handling tickets just like yours. Our lawyers utilize all available procedural tactics to improve the odds of obtaining a Dismissal or Not Guilty verdict. The efforts of our firm are evidenced by the hundreds of five-star reviews we have received by former clients.

The Benjamin Goldman Law Office provides all motorists with a complimentary consultation. You can get in touch with us at your convenience to discuss your ticket. Our team can be reached by phone call, text message, and email. We look forward to working with you on your ticket.