Disorderly Persons summons - Fireworks

[july4thcriminal]

What is the name of your state? New Jersey

I was issued a summons for a fireworks violation (LO:67:3a disorderly persons?) this weekend.

The court appearance is scheduled for about 2 weeks from now and I'm trying to decide if I should plead not guilty.

An officer observed fireworks in the air over my house as she was driving by. She then came into the backyard and confronted us. She did not see any of us actually lighting fireworks when she came around back. She asked us for any remaining fireworks, which we surrendered, then she asked who the homeowner was, took my license and issued the summons to me. She did not ask at any time who owned the fireworks or who had lit them. I also never admitted to owning the freworks or lighting any.

As the fireworks were not mine(really) and she did not observe me lighting or holding any fireworks do I have any chance of getting the charges dismissed or is issuing a summons to the homeowner common becasue it's my property and my responsibility if anything illegal is taking place?

I'm 36, married, 1 child, homeowner, no record, professional, clean-cut, etc., and was respectful but quiet when the officer confronted us.

Thanks in advance for any advice.

 

[TomD1974]

There are some areas of the country where if you did this when the fire danger was high they might hit you pretty hard for this, but these places are just a tad west of New Jersey.

You likely have responsibility for knowingly allowing this to happen on your property.

Looks like this is a local ordinance violation, correct? Can you get a copy of it?

Chances are your best bet will be to go in with your tail between your legs and walk out with a slap on the wrist, but if you know what you violated, you'll have a better feel for it.

 

[FlyingRon]

I always figure the cops have a good July 4th with all the fireworks they collect.

 

[seven53]

My city's ordinance states "No person shall possess fireworks...." Doesn't state anything about lighting them. Check yours, it may be the same. You were in possession of fireworks as it is your residence.

On a side note....In Ohio, when you buy fireworks you have to sign an affidavit stating you will take them out of state within 48 hours. It's unofficially called the "Liar Law".

 

[july4thcriminal]

There are some areas of the country where if you did this when the fire danger was high they might hit you pretty hard for this, but these places are just a tad west of New Jersey.

You likely have responsibility for knowingly allowing this to happen on your property.

Looks like this is a local ordinance violation, correct? Can you get a copy of it?

Chances are your best bet will be to go in with your tail between your legs and walk out with a slap on the wrist, but if you know what you violated, you'll have a better feel for it.

Looks like the local ordinance pertains to a "breach of the peace". I didn't get a copy of it as the clerk's office was swamped when I stopped by, but that is what they read to me over the phone.

So the wording doesn't specifically mention fireworks, it's more of a general noise/nuisance issue.

 

[july4thcriminal]

So does anyone feel it's worth going in with an attorney and pleading not guilty? Is it possible to pay a fine but have the charges dropped or not appear on my record?

The fine isn't my concern it's having that charge on my record. I'd hate for a silly charge stemming from fireworks to cause me any grief in the future if I change jobs.

Thanks!