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  1. #1
    benfikaman is offline Junior Member
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    Exclamation improper parking in front of driveway

    What is the name of your state? New Jersey

    I live in a one family residential home in Union, NJ and yesterday received a $56 ticket for "39:4-138D Improper Parking In Front Of Driveway". All I did was park in front of my own driveway with my own car and I received a $56 ticket. I was wondering if first is this legal and how could I fight it? People come to my block and park in my street who don't live there and because of that I was forced to park in front of my own driveway. To top it off I only parked there for 20 minutes. Can someone help?
  2. #2
    xylene is offline Senior Member
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    Exclamation

    It is illegal to park in front of a driveway. Period, even your own.

    PS - how would the officer know anyway?

    Also, public parking is public parking. Even if your streets have a permit system, and others were breaking the law, it does not excuse your violation.
  3. #3
    efflandt is offline Senior Member
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    Page 42 of [url]http://www.nj.gov/mvc/pdf/Licenses/Driver%20Manual/Chapter_4.pdf[/url] says it is illegal to park "in front of a public or private driveway" period. It does NOT say except your own.

    You should have parked in your driveway if possible, instead of across it. I would avoid having any part of the vehicle over a sidewalk, which is not specifically mentioned, but might be covered by a catch all "in any area where parking is prohibited by local ordinance".
  4. #4
    benfikaman is offline Junior Member
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    i did not park in the driveway so that it would not block half the sidewalk because my sis was parked in driveway. i parked on street in front of driveway. don't see how that is illegal.
  5. #5
    FlyingRon is offline Senior Member
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    Quote Originally Posted by benfikaman View Post
    i parked on street in front of driveway. don't see how that is illegal.
    Because the statues bar parking across driveways, without exemption for who owns the driveway or the car. There is a loophole in the reg. The state gives authority to the local municipality to allow the owners to park across their own driveways, I know some cities require specific "driveway permits" to do this. You should call your local city hall and inquire if they have such an exemption.

    Otherwise, you're guilty. The fact you "don't see how" is not material in court.
  6. #6
    patstew is offline Member
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    Cool

    Quote Originally Posted by xylene View Post
    It is illegal to park in front of a driveway. Period, even your own.

    PS - how would the officer know anyway?
    Absolutely true. However...

    .. just last Friday I got a similar complaint. In that event, all I require is an explanatory note and proof of residence, and we void the ticket.

    It's worth a try.

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