The odds, from the records
Contest or pay? What the case data says
Every recipient of an idling summons asks the same question. Here is the only data-grounded answer published anywhere: outcomes of every DEP idling case heard at OATH since 2019, as of June 2026.
Source: NYC Open Data, OATH Hearings Division Case Status · DEP idling summonses · as of June 2026 · see selection-effect caveats below · methodology
The full outcome table
| Path | Cases | Median penalty | Average |
|---|---|---|---|
| Defaulted (no-show) | 107,944 | $1,000 | $1,245 |
| Admitted | 95,693 | $440 | $466 |
| Contested — found in violation | 49,839 | $350 | $399 |
| Contested — dismissed | 10,083 | $0 | $0 |
| Settled / stipulated | 30,085 | $350 | $383 |
Source: NYC Open Data, OATH Hearings Division Case Status · DEP idling summonses · as of June 2026 · methodology
How to read this honestly
- The expected value of showing up is high. A 16.8% chance of $0, and even contest-and-lose carries a lower median ($350) than defaulting ($1,000). The worst outcomes in this dataset overwhelmingly belong to people who ignored the summons.
- Selection effects cut both ways. Cases that get contested aren't random — respondents fight when they think they can win (exemption applied, wrong vehicle, video defects), and admit when the video is airtight. The 16.8% is the observed dismissal rate among heard cases, not your personal probability.
- The complainant's video is the whole case. Dismissals cluster around evidentiary failures: video shorter than the required continuous duration, engine not audible, plate unreadable, or a vehicle covered by an exemption (refrigeration units and similar equipment in active use, emergency vehicles, stuck in traffic). If one of those genuinely applies to you, the records favor contesting. The evidence standards complainants must meet are detailed in our filing guide — read it as a defense checklist.
- Repeat offenses raise the schedule. Penalties escalate for repeat violations within the statutory window, which is part of why high-volume fleet respondents face larger average penalties.
The decision, compressed
Never default — it's the most common outcome and the most expensive, with a median running 127% above the admitted path. Admit when the video plainly shows your engine running past the limit with no exemption — you'll pay around the $440 median and stop the clock on fees. Contest when an exemption applied or the evidence has a concrete defect — that's the population in which the 10,083 dismissals live. And whatever you choose, respond by the date on the summons; see what happens after an idling ticket for the process and the full cost breakdown including late fees and judgments.
General information from public records, not legal advice — outcomes depend on facts of each case. Figures are penalties as imposed in OATH records (collections can differ). “Contested” here means cases decided on the merits (in violation or dismissed); OATH categories are described in our methodology.