How to plead "Not Guilty" to a Parking Violation

Disputing a Parking Ticket

There are two ways to “dispute” a ticket and plead not guilty:

1. Request a hearing in person.
2. Have a hearing by mail – an “Ex-Parte Hearing”

Remember...If you decide to have an “in person” hearing, you must be prepared to settle ALL tickets in your name on the hearing day. You MAY NOT choose one ticket to have a hearing on and disregard the remainder. In addition, if you have defaulted on a previous hearing decision, you may not have a new hearing until the previously heard tickets are paid.

"In Person" Hearing Instructions:

There are two ways to request an “in person hearing":

1. A hearing may be obtained upon the written request of the registered owner within 15 days of the    issuance of the ticket. Please mail your hearing request to:

            City of Newburgh Parking Violations Bureau
            Hearing Requests
            83 Broadway
            Newburgh, New York 12550

2. Come in to the PVB for a Hearing Request form to fill out for a hearing in person.

Because all respondents are entitled to their “day in court”, they must be permitted the freedom to express their plea or defense. There are no accurate means of forecasting how many people will actually appear-or how much time each case will take.

When appearing at a hearing on a parking violation, you should be aware of the following requirements:

Be prepared to set aside at least one hour of your time for the hearing. You must have with you all evidence and any witnesses you believe are necessary to establish your case. Your hearing will be the only one allowed on this violation (or violations).
Once your hearing commences, no adjournments will be granted for a later date to produce evidence or witnesses.
If you desire an adjournment because you do not have items, you must state this fact to the clerk PRIOR TO THE HEARING.
If you are unable to appear for your hearing date you must request an adjournment in person or by calling (845) 569-7315 BEFORE YOUR CASE HAS BEEN CALLED.
Only two (2) adjournments will be granted for a period not to exceed fourteen (14) days from the original hearing date, except under extraordinary circumstance.
At your hearing, penalties may be assessed against you by the Hearing Examiner in the event that you are not prepared for the hearing; request an adjournment after the hearing has commenced; entered a guilty plea within the required period of time; or are found guilty by the Hearing Examiner.
 

All decision payments must be made within seven days from the date of the decision unless the Hearing Examiner has granted an extension.
 

FAILURE TO APPEAR FOR A SCHEDULED HEARING OR PAY THE DECISION AMOUNT WILL RESULT IN A DEFAULT JUDGMENT, DOUBLING THE FINE AMOUNT FOR EACH VIOLATION WITH ADDITIONAL PENALTIES AS ALLOWED BY LAW.

"Ex-Parte" Hearing Instructions:

Submit your written request indicating if you are either the owner or operator of the vehicle. You MUST submit your ticket(s) AND a letter of explanation stating the facts and any supporting documentation of proof you believe will assist your case (photos, witness statements, copy of registration, receipts, etc.).

Send it to:

            City of Newburgh Parking Violations Bureau
            Ex-Parte Hearing
            83 Broadway
            Newburgh, New York 12550

You will receive a decision by mail that must be paid by the due date. FAILURE TO PAY THE DECISION AMOUNT WILL RESULT IN A DEFAULT JUDGMENT, WITH ADDITIONAL PENALTIES AS ALLOWED BY LAW.

Appeals:

You have the right to appeal the determination of the Hearing Examiner within thirty (30) calendar days from the date of the decision. To appeal, you must have entered a plea of not guilty and you must pay an appeal process fee of $25.00 plus a $10.00 transcript fee. Appeal forms are available at the Newburgh Parking Violations Bureau.