CharlieSheen
Junior Member
What is the name of your state (only U.S. law)? NEW JERSEY
My brother has a provisional license, the state is New Jersey.
Here is the statute:
New Jersey Statute Directory - NJSA 39:3-13.4 Provisional driver's license.
They said it was alright and that he would not get any sort of ticket for being in the county park, but said that if it was the county police responding, he would have had a size-able fine. However, since it was 12:20 (20 minutes after when he was supposed to be in), they slapped him with a violation on his provisional. I don't know exactly what penalty he will face, but he said he googled it, and its just like a 100 dollar fine. I am not sure if hes BS'ing though, as it has a required court appearance for him.
Now, since he has to go to court, I suggested that he get the shot down due to the circumstance of the summons being given. Firstly, the car was not moving (he was not actively operating the vehicle.) It was simply parked where it was not supposed to be, and the lights were on. The officer ordered him to move the car from the park, and it was from this order that he was in violation of the provisional license restrictions. However, obviously, if he had stayed he would have been in violation of "being in the county park after it was closed."
Also, I think he might be able to raise a point of necessity over the fact that his girlfriend had attempted suicide and was even sent to a hospital under suicide watch for suicide attempts. So she was revealing this emotional **** about herself, is he really expected just to ****ing get up and leave? She could kill herself, so in some sense it was a medical emergency
!
I know I am pulling at straws here, but what do you guys think?
My brother has a provisional license, the state is New Jersey.
Here is the statute:
New Jersey Statute Directory - NJSA 39:3-13.4 Provisional driver's license.
What exactly happened was that he was at a county park with his girlfriend, it was near the summer solstice, and apparently the thing closes after dark. So hes sitting in the car with her, and she starts to cry and tell him about her ex-fiance who beat her, raped her, and after-the-fact found out that he cheated on her. So hes sitting there, comforting her, and when it gets dark he turns the lights on. I am assuming some nearby residents called in the lights (he was there for over an hour or so he said?) and the cops came.Violation said:
They said it was alright and that he would not get any sort of ticket for being in the county park, but said that if it was the county police responding, he would have had a size-able fine. However, since it was 12:20 (20 minutes after when he was supposed to be in), they slapped him with a violation on his provisional. I don't know exactly what penalty he will face, but he said he googled it, and its just like a 100 dollar fine. I am not sure if hes BS'ing though, as it has a required court appearance for him.
Now, since he has to go to court, I suggested that he get the shot down due to the circumstance of the summons being given. Firstly, the car was not moving (he was not actively operating the vehicle.) It was simply parked where it was not supposed to be, and the lights were on. The officer ordered him to move the car from the park, and it was from this order that he was in violation of the provisional license restrictions. However, obviously, if he had stayed he would have been in violation of "being in the county park after it was closed."
Also, I think he might be able to raise a point of necessity over the fact that his girlfriend had attempted suicide and was even sent to a hospital under suicide watch for suicide attempts. So she was revealing this emotional **** about herself, is he really expected just to ****ing get up and leave? She could kill herself, so in some sense it was a medical emergency
!I know I am pulling at straws here, but what do you guys think?
