Can selective enforcement be used as a defense?

[thunderclap80]

What is the name of your state (only U.S. law)? NJ

I recently got a ticket on a street in thehousing association where I live under N.J. Stat. § 39:4-135 for parking against the direction of traffic. I have been parking there for the last 7 years without issue.

Can the fact that no other vehicle parked against the direction of the traffic in that lane got a ticket be used as defense?

Thanks a bunch.

[seniorjudge]

Q: Can the fact that no other vehicle parked against the direction of the traffic in that lane got a ticket be used as defense?

A: Are you saying that in the last seven years that everyone (including you) has consistently violated the law and that not one single ticket was issued until you got one?

[thunderclap80]

Actually YES!!

The street is in a housing association and people park against the direction of traffic all the time.

So, can it be used as a defense?

[seniorjudge]

Originally Posted by thunderclap80

Actually YES!!

The street is in a housing association and people park against the direction of traffic all the time.

So, can it be used as a defense?

Certainly.

I don't know if it will work or not, but give it a shot.

[You Are Guilty]

The stock answer to this question is "no", but then I saw this story in yesterday's paper, so who knows:

Defense seeks dismissal of Bernard Kerik charges

WHITE PLAINS, N.Y. - A defense lawyer says many of the charges against former New York City police Commissioner Bernard Kerik should be dismissed because they're too old.

Attorney Barry Berke has filed a motion for dismissal that says the 16-count indictment violates rules "intended to protect private citizens from facing stale accusations."

Berke says a five-year statute of limitations applies to some tax charges and to the accusation Kerik accepted a gift in 2000 in exchange for his influence.

Berke also notes Kerik faces charges for not paying nanny taxes although several other prominent people were never prosecuted for the same charge.

Prosecutors haven't returned a call seeking comment on the motion.

Kerik's trial is scheduled for January.

[thunderclap80]

Thanks for all the replies.

I got 3 tickets in this one instance. One was improper parking, the other was parked 50 feet within a stop sign and the other one was 10 feet within a stop sign.

I will be fighting the other two as I am pretty sure I can get those dismissed but as part of a overall strategy will the judge look more kindly if I plead guilty to my weakest case and fight the other two tickets or does it not matter.

Also are court costs assessed indivudally on the tickets so if I fight 2 as opposed to 3 it will be lower?

[seniorjudge]

Q: I will be fighting the other two as I am pretty sure I can get those dismissed but as part of a overall strategy will the judge look more kindly if I plead guilty to my weakest case and fight the other two tickets or does it not matter.

A: I don't know that judge so I couldn't answer.



Q: Also are court costs assessed indivudally on the tickets so if I fight 2 as opposed to 3 it will be lower?

A: It depends if they are filed as three separate cases or as one case with three counts. Ask the clerk.

[patstew]

Originally Posted by thunderclap80

I recently got a ticket on a street in thehousing association where I live under N.J. Stat. § 39:4-135 for parking against the direction of traffic. I have been parking there for the last 7 years without issue.

You've been very lucky.

Can the fact that no other vehicle parked against the direction of the traffic in that lane got a ticket be used as defense?

Typically this happens when the officer doesn't get a call for service for a while -- they'll start writing parking tickets. Then they get called away, and they have to abandon the task. Clearly the statute exists, and clearly you were parked against traffic. I can't imagine any judge accepting the "everyone was doing it" defense.

[HomeGuru]

Originally Posted by thunderclap80

What is the name of your state (only U.S. law)? NJ

I recently got a ticket on a street in thehousing association where I live under N.J. Stat. § 39:4-135 for parking against the direction of traffic. I have been parking there for the last 7 years without issue.

Can the fact that no other vehicle parked against the direction of the traffic in that lane got a ticket be used as defense?

Thanks a bunch.

**A: so you are telling us that you have been parking in the wrong direction for the last 7 years?

[HomeGuru]

Originally Posted by thunderclap80

Thanks for all the replies.

I got 3 tickets in this one instance. One was improper parking, the other was parked 50 feet within a stop sign and the other one was 10 feet within a stop sign.

I will be fighting the other two as I am pretty sure I can get those dismissed but as part of a overall strategy will the judge look more kindly if I plead guilty to my weakest case and fight the other two tickets or does it not matter.

Also are court costs assessed indivudally on the tickets so if I fight 2 as opposed to 3 it will be lower?

**A: I think you're guilty of all three.