Neighbor's Illegal Driveway

I would not recommend removing any signage from a fence or gate attached to any private property but if you do witness either a Traffic Enforcement Agent or Police Officer issuing a summons for blocking a driveway that you think may be illegal, do not argue with them. Politely explain that you think that the driveway is illegal and why you think it to be so. If there is a visible curb cut - even cement that has been chiseled away at the curb, the summons will be issued and the matter will have to be handled by pleading not-guilty and collecting the appropriate evidence from the DOB to prove your case. It is also as a previous poster, perhaps your Community Board might be of assistance to you in getting the legality of the driveway resolved. The legality of a curb cut is not a case for the NYPD to decide.

Chances are that the owner of the property called the precinct to have the summons issued. Officers do not otherwise issue tickets for vehicles blocking driveways. Once the summons is issued the proerty owner can call a private tow company and in some cases the Police will call a city tow truck to remove the vehicle. If it is later found out to be an illegal driveway and your car was towed and you were inconvenienced, file suit against the property owner in small claims court.

Posted by: Chosen at June 30, 2009 1:06 PM

What is the alternative ENY? Arguing with the responding Officer or the property owner which can escalate the situation. You stated that your dad was a CO, and I certain that if you ask him, he'll agree with me there. I said years ago that every legal driveway in the city should be given some type of medallion that has to be place in the ground for all to see. This makes things easier for the police, people looking for parking and anyone else concerned. Fortunately for us we do not live in a police state so the police do not handle civil matters of this nature but the DOB should be taken to task on this one.

If you ascertain from DOB whether the driveway is on record or not, that will suffice to fight the ticket in the administrative hearing. However, getting DOB to actually take action against the illegal activity is another story. Unfortunately they have their hands full with falling buildings and other such dangerous matters. Despite what the people at Livable Streets say, an illegal driveway is not a hazardous condition and it probably isn't high on their list of priorities. Calls to your Council reps, CB's, Assembly reps and whoever else will listen is probably the best way to fight this.

At any rate, I would not recommend parking in an illegal driveway despite my disdain for the fact that this would be advantageous to the person who created it because if they vandalize your vehicle which happens often, there again is nothing that the police can do but take the report for insurance purposes, unless a witness who is willing to make a statement and possibly come to court to testify steps up.

Posted by: Chosen at June 30, 2009 2:31 PM

You know what, that sounds good iz and then there is reality. When the Police fail to act in any given situation, people criticize. When they act, people criticize. Are there bad cops? Sure! Just as there are bad graphic artists, doctors, teachers and bloggers. And just for the record, overzealous policing did not start post 9/11. In communities of color, it has always been present. Welcome to their world.

Again do not ask a cop for his/her shield number. Do you have the right to do so, of course, but not recommended or necessary. Officers, unless they are not in a uniform detail, wear their shields with attached name plates on their outermost garments so you can just glance at it and commit it to memory for later use. If the Officer is not in uniform, but has a shield around their neck, you can again do the same. In the rare occassion that no shield is visible take note of their vehicles plate number. If the vehicle is an RMP (marked car) look at any of the identifying numbers on the vehicle and the command identifier. Sometimes you will see a precinct number or letters such as TB (Transit Bureau) followed by a number, PSA (Housing) followed by a number or just a series of letters like PBBS (Patrol Borough Brooklyn South) all on the rear quarter panel of the vehicles. If you are confrontational with a bad cop or just someone who is not going to tolerate your tirade on that day, you can be subject to a lawful arrest for OGA. This can cost you at least a DAT and at most a day or two in central booking. You don't even need to threaten the officer with your intention of "reporting" them if you feel that you have been treated unfairly. Just do it. Call the CCRB upon returning to your home. In the case of corruption call IAB. You can access either of them via 311.

"For the record, I make it a practice to treat law enforcement with respect - if you want it, you have to give it." -ENY

I don't see why you would have a problem with this. My attitude is pretty much the same and makes my life easier. Everyone whether I'm on-duty or off will get the benefit of the doubt until they prove that they should be treated otherwise. If you offered this same courtesy to cops, who like other civil servants are paid by tax dollars, your experiences would probably be more positive and just because someone is a civil servant doesn't mean that they are answerable to you personally.

This may be a broad generalization and may or may not be the case for you iz, but I have found that people who have the "I am a tax payer and I pay your salary attitude" are obnoxious and feel that they are somehow better than civil servants. Imagine walking into your doctors office or a restaurant with that attitude. I'd fear the Doctor using a bigger needle than necessary and the waitress going "Miss Celie" on me!

Posted by: Chosen at July 1, 2009 7:14 AM

" I asked for a pen to write the badge numbers down before I left and they refused to give me a pen and covered up their badges. "

If she had done what I advised in my post, she would not have needed the pen. The shield numbers of all three officers in the station were visible. When she was transported to the precinct there was a number and a plate number on the vehicle. If the cops acted inappropriately then they should be disciplined, if she was disorderly then she should be found guilty of the offense. You automatically assume that the cops were wrong and that she is telling the truth. I reserve passing judgement either way.

"You live in fear. Not respect"

The first part of this statement is correct. I live in fear that I will not make it home to my kids because I may get shot while protecting people like you who don't appreciate it. This fear keeps me on my toes which keeps me safe and has kept me coming home at the end of my tour for the past 18 1/2 years. Despite seeing people at their worst, most officers as is the case for myself, will show you respect if you are not disrepectful. Act otherwise and you will be treated accordingly. We are people not robots.

Posted by: Chosen at July 1, 2009 1:32 PM