Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > TRAFFIC LAW > Parking Tickets and Non-Moving Violations

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 08-13-2008, 08:28 AM
Junior Member
 
Join Date: Aug 2008
Posts: 1

NJ - Parking too close to a crosswalk


I received a parking ticket in Clifton NJ for "Parking too close to intersection" citing 39:4-138E. In the margin of the ticket, the officer wrote "Parking within 25 ft of a crosswalk".

My questions are:

1. What is the definition of a crosswalk? This intersection of 2 quite residential streets had no markings (vertical lines extending from the sidewalks) indicating that it was a crosswalk. Does a crosswalk have to be marked?

2. From where does one measure an "unmarked crosswalk" to know whether or not I was really parked within 25' of it? There are no markings on the curb to indicate where 25' is. If I measure 25’ from the sidewalk, then I was within 25’. If I measure from the curb of the cross street then I was not within 25’.

Thanks
    Reply With Quote
  #2  
Old 08-13-2008, 12:17 PM
Senior Member
 
Join Date: Feb 2003
Location: California
Posts: 18,456
Send a message via AIM to CdwJava Send a message via Yahoo to CdwJava
Forget what it says in the margin - read the code section.

39:4-138. Except when necessary to avoid conflict with other traffic or in compliance with the directions of a traffic or police officer or traffic sign or signal, no operator of a vehicle shall stand or park the vehicle in any of the following places:

e. Within 25 feet of the nearest crosswalk or side line of a street or intersecting highway, except at alleys;

As a side, 39:1-1 defines a crosswalk as ...

"Crosswalk" means that part of a highway at an intersection, either marked or unmarked existing at each approach of every roadway intersection, included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the shoulder, or, if none, from the edges of the roadway; also, any portion of a highway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other marking on the surface.

Taking it all in to consideration, if there was no marked crosswalk I'd say that you parked within 25' of the prolongation of the nearest intersecting curb. If you were further from the curb than 25' then you might have a chance at a reasonable defense argument by taking photos of the lack of crosswalk markings, and measuring your distance from the nearest intersection. Of course, they might not believe you.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
    Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 02:39 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.