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Discussion Starter · #1 ·
Can DCTC issue traffic violation ticket?So my friend is working uber black.He was off for that day,he used his car for personal stuff.He was in a suit (bc of the girls,ofc) but he got an emergency phone call from his boss (yeah he is also a limo driver) to ask him can he do one airport run.He said no,but DCTC stopped behind him.
So he got 2 tickets.First one for parking on zebra,but he was not parked,he had emergency signals on and a car in drive mode.The second one was for loitering,even thou he said he is off duty,no pax in a car but no trip manifest for that day.He wants to fight them both.So does he have any chance of winning them,considering that it was DCTC,not police,who issued them both?
 

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If what you said is true, yes. If he has a "For Hire" tag it might be more difficult but he should fight it and would probably win in my opinion.
 

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Discussion Starter · #3 ·
Yes he has "For hire" plates,but everything I said is true.He actually wanted to pay but then he realized his insurance will go up if he does.So since it was not police or traffic regulators,but DCTC,he would like to know is there any chance and what would be your guess what is the best way to fight that ticket.Thanks guys.
 

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Discussion Starter · #4 ·
And also he has a contract with a third party company that he leases that car for himself,no matter if it is a job or family vacation.
 

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These are not necessarily "moving violations".

In what state is the limousine registered?

The loitering summons is a "hack" violation (I use the term "hack" loosely, here). The Harassmen-ER-uh-HACK Inspectors can, and do issue those all the time. If he can prove that he was OFF DUTY, it is likely that he can beat that one. Limousines must have a manifest, but that is only for their hourly trips. They do not need to put their Uber trips on the manifest. I do not know if a limousine must have a manifest when the driver is OFF DUTY. A taxicab driver must have a manifest when he is OFF DUTY and must note on the manifest the time and place that he went OFF DUTY. Drivers used to have signs for the dashboard, but now the third-world-taxi type light that they have has an OFF DUTY display. Do not get me going on that one; that is the subject of another post. Limousines never had OFF DUTY signs for the dashboard, although they used to have ON CALL signs that they had to display when they were waiting.

The "parking in a safety zone" is another matter. It is not a "moving violation", either. It can be a parking violation or it can be a "hack" violation. There is some debate as to whether a Harassmen-ER-uh-HACK Inspaector can, in fact, issue "hack" violations to an driver who is legitimately OFF DUTY, said OFF DUTY's being properly documented. I have seen it go both ways, although in cases like this usually it goes in favour of the driver. This is where my knowledge gap is critical, though, as I am not sure exactly how a limousine driver legally documents that he is OFF DUTY. If your friend can not legally document his being OFF DUTY, likely the summons will stand. Perhaps a letter from the limousine company on letterhead would suffice as proof. The Company Management might be loath to provide that letter, since your friend would not accept the "desperation" airport trip. As a rule, the Harassmen-ER-uh-HACK Inspector can not issue parking violations. The Police can issue any: moving, parking or hack.

I do find it curious that his insurance would increase over what are either "hack" or parking violations.

If you send me a PM, I will give you the address of a traffic lawyer who also does legal work for cab and limousine drivers. He is pretty good and his fees are not that bad (relatively). I have used him more than once, myself. Your friend may be able to deduct the legal fees from his taxes*, but he should check with his accountant on that one.

*I am not a Tax Professional, therefore I am not qualified to give out tax advice. Anyone who wants tax advice should get it from a professional who is qualified to give out tax advice.
 

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Discussion Starter · #7 ·
So the thing is,that company that works for and also the company that he rents that car from,is owned by the same guy,but everything about it,is really suspicious.They told him actually to "get away" from them and then not to mention them on court.So I assume that they do not have all the proper documents to legally operate their business.
So long storry short,everything is going to be based on a pure luck,since he can't,or couldn't prove that he was off duty.But as for stopping on crosswalk,you think that there might be a chance of winning?
Well I will ask him about attorney.Thank you. :)
 

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AS FAR AS I KNOW a FOR HIRE limo/sedan from another state only needs a manifest when they are ON DUTY. Other than that if they are off duty they just state they are off duty. I'm not so sure about being pulled over in a safety area whether on or off duty...that is sort of a gray area for a HACK/DCTC inspector and should fight that in court if the driver OFF DUTY in my opinion.

Also it goes to be noted that if you're parked and have money in a meter the HACK/DCTC can't really do anything as far as I know but if you're parked in a LIMO STAND you must be ON DUTY, WITH MANIFEST.
 

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Discussion Starter · #9 ·
No he was not pulled over,he stopped on zebra to answer a phone call and as soon as he did that,they parked behind him with their siren and lights.He did have his manifest from a day before when he was on duty.He didn't know that you need one even when off duty.
 

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No he was not pulled over,he stopped on zebra to answer a phone call and as soon as he did that,they parked behind him with their siren and lights.He did have his manifest from a day before when he was on duty.He didn't know that you need one even when off duty.
Didn't mean "pulled over" in the sense that he was "pulled over" by the DCTC...meant it as in "standing".

Also I said that as far as I know you never needed a manifest when you were off duty. You just tell them that isyour personal vehicle when you're off duty and you're off duty doing something other than work. If I got a ticket, that's what I would say in court. This is just MY opinion.
 

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Think he's out of luck for being in the cross walk, you aren't allowed to stop in one for hire or as a regular citizen. As far as the loitering , I think he could fight that.
 

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Think he's out of luck for being in the cross walk, you aren't allowed to stop in one for hire or as a regular citizen. As far as the loitering , I think he could fight that.
Oh, well hell yeah if it was a "crosswalk"! I thought he was talking about those areas where you see the diagonal lines before some parking spaces and whatnot. I don't know what they're called.
 
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