Handicap Parking?

[ish_elokim]

I live in NY but was in NJ on the Turnpike at the time of the alleged "violation". I was driving a retal car and pulled up into a rest stop at 3:30am the use the bathroom. There were wheelchair accessible spots directly accross from the regular sots and I pulled into the Wheelchair spot (DIAGONALLY!) in order to back into the regular spots. As I stopped the car to shift into reverse, two guys jumped out to go inside. I them turned around and couldn't back up becuase there was a cop there writting me out a ticket. There were three guys in the car with me and four guys in the other car with me who saw the whole thing (which Took about 30 seconds).

1) What is Legally considered "parking"? It said no Parking, and I never Even put the car in Park and was sitting in the drivers seat the entire time.

2) Will it help to get the 7 witnesses to sign a statement that I had just pulled up and was in the proccess of pulling into a legal spot as the cop stopped me?

3) If the cop miswrote my DOB on the ticket, does that invalidate it?

4) What are the odds of getting a dissmissal

5) what are the consequences if I don't?
Thanks!

 

[You Are Guilty]

I live in NY but was in NJ on the Turnpike at the time of the alleged "violation". I was driving a retal car and pulled up into a rest stop at 3:30am the use the bathroom. There were wheelchair accessible spots directly accross from the regular sots and I pulled into the Wheelchair spot (DIAGONALLY!) in order to back into the regular spots. As I stopped the car to shift into reverse, two guys jumped out to go inside. I them turned around and couldn't back up becuase there was a cop there writting me out a ticket. There were three guys in the car with me and four guys in the other car with me who saw the whole thing (which Took about 30 seconds).

1) What is Legally considered "parking"? It said no Parking, and I never Even put the car in Park and was sitting in the drivers seat the entire time.

The second you discharged the passengers. (That's "standing" or "stopping" in NY. I don't know if NJ follows that rule though). Unless the car was still moving, of course.

2) Will it help to get the 7 witnesses to sign a statement that I had just pulled up and was in the proccess of pulling into a legal spot as the cop stopped me?

Nope. But you can have the seven witnesses come with you to testify in court if/when you plead not guilty. (Testimony is admissible, statement is not.) Whether that will help you is impossible to guess.

3) If the cop miswrote my DOB on the ticket, does that invalidate it?

Not even remotely.

4) What are the odds of getting a dissmissal

After careful consideration of the legal ramifications of your defense, coupled with a review of the Super Eight Ball Matrix and the Freedadvice.com Probability Anayst, the results come back that there is a 100% probability that your chances will fall within one standard deviation of 0% to 100%.

5) what are the consequences if I don't?

Eternal damnation and hellfire.




Or a fine.

Thanks!

Welcome!

 

[PrinceCharming]

Because this is a Parking ticket, it would help to have statements and have them NOTIRIZED.

You have to check the definition of Parking in that particular city. Every city has different definitions, but they usually run along the same idea.


In NYC, this is permitted in a handicapped spot; as you were not parked according to NYC laws, you were standing and/or stopping.

Wait a minute... did you say the cop wrote your date of birth? Are you sure this is a PARKING TICKET and not a TRAFFIC VIOLATION?

 

[ish_elokim]

Wait a minute... did you say the cop wrote your date of birth? Are you sure this is a PARKING TICKET and not a TRAFFIC VIOLATION?

It was a State Police Summons, I think they only have one form and it has a check box for operating/parking.

It was in East Brunswick, any idea where I can find the Legal defintion for parking there?

 

[PrinceCharming]

Check out this link which defines parking, standing and stopping.

http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=48910486&Depth=2&depth=2&expandheadings=on&headingswithhits=on&hitsperheading=on&infobase=statutes.nfo&record={DCB5}&softpage=Doc_Frame_PG42

Apparantly in NJ, there is no distiction between standing and stopping. They are the equivalent of the no stopping rules in NYC.

Now, we have to check if the handicap spots have the law of no stopping or no parking. I cant find it at the moment.

 

[ish_elokim]

The definition on that website is as follows:

"Parking" means the standing or waiting on a street, road or highway of a vehicle not actually engaged in receiving or discharging passengers or merchandise, unless in obedience to traffic regulations or traffic signs or signals.

The following site gives a Definition for hadicapped parking:

http://www.state.nj.us/humanservices/dds/publications/GUIDE TO HANDICAPPED PARKING.pdf

They Consistantly use the word parking. Is this accurate or just the used expression?

BTW, the Trooper Wrote "Wagon" for a minivan, Is that Accurate or can it b considdered a mistake?

 

[Curt581]

BTW, the Trooper Wrote "Wagon" for a minivan, Is that Accurate or can it b considdered a mistake?

Still not enough to invalidate the citation.

 

[Gevalia]

Because this is a Parking ticket, it would help to have statements and have them NOTIRIZED.

And how would you propose these notarized statements be cross-examined?

 

[fairisfair]

And how would you propose these notarized statements be cross-examined?

Hey, he said he wasn't a lawyer. He just failed to mention that he had absolutely no idea what he is talking about.

 

[ish_elokim]

Because this is a Parking ticket, it would help to have statements and have them NOTIRIZED.

BTW, I called the Court and the woman who answered the phone said that I need the Witness to come in and that a Statement, even Notirized is not going to help.

 

[You Are Guilty]

BTW, I called the Court and the woman who answered the phone said that I need the Witness to come in and that a Statement, even Notirized is not going to help.

Wow! Really? No! I mean, that's just crazy! (But I do have the funny feeling that we've heard that before somewhere...)

 

[PrinceCharming]

Hey, in NYC, you can fight parking tickets on the website.

http://www.nyc.gov/html/dof/html/parking/park_tickets_dispute_online.shtml

There, cross-examining is not usually required. Logically, how can someone be cross-examined on-line?


New Jersey can have its own laws requiring appearances.

You have to remember that sometimes the word "parking" does not always mean parking. In NYC, a person may not "Double Park" except to discharge pasengers, which is the equivalent of "no standing" in NYC.

The link you provided is not the actual laws of NJ but a summary of NJ Handicapped laws.
Here is the link

http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=135983&Depth=4&TD=WRAP&advquery=4-197&headingswithhits=on&infobase=statutes.nfo&rank=&record={E15A}&softpage=Doc_Frame_Pg42&wordsaroundhits=2&zz=


c.Designating restricted parking spaces for use by persons who have been issued special vehicle identification cards by the Division of Motor Vehicles pursuant to the provisions of P.L.1949, c.280 (C.39:4-204 et seq.) and section 1 of P.L.1977, c.202 (C.39:4-197.5). Any person parking a motor vehicle in a restricted parking space without a special vehicle identification card shall be liable to a fine of $250 for the first offense and, for subsequent offenses, a fine of at least $250 and up to 90 days' community service on such terms and in such form as the court shall deem appropriate, or any combination thereof.

The term is "parking" and therefore you should have a good claim in court.

There are times where judges choose to believe you without evidence. This is up to the judge. You can bring in notirized statements as a back-up in case none of your buddies are able to go to court with you. Remember that your testimony is accepted in court and you can be cross-examined. You can show the judge the notirized statement and offer the judge to bring the witness into court. It could work and maybe not. I have went to an administrative law judge in NYC without photos and a notirized statement and he believed me.

Also, You only need your witnesses in the event the Police lies to the judge. If the officer admits and agrees to your story, you don't need anything as you have the officer's testimony.

Remember, clerks are not lawyers either. I have proven them wrong in the past as I myself am in a much deeper legal battle than a parking ticket.

Also, say Vaivarech David untiul Al Kol Beracha Oothilah from morning prayers when you are in court.

 

[xylene]

And how would you propose these notarized statements be cross-examined?

Cross examined by WHOM?

No really... beacuse their is no judge or prosecutor in a parking ticket appeals hearing in NJ.

There is an administrative officer (who acts a lot like a judge and prosecutor in one...) That person rules on the evidence presented by the motorist. The ticket (report of the officers observation) is all the states evidence. Notarized witness statements are considered - otherwise the officer would have to appear AND HE DOESN'T!!! Its not a court so if you don't like the ruling you can pay the fine and then appeal to regular traffic court.

Cross examined. LOLOLOLOL... Its a parking ticket, not a capital murder case.

How is the officer going to be cross examined? HE'S NOT. That's how.

_________________

PS - of course the woman in court is going to say written statement hold no validity... but your first hearing is not in IN COURT.

 

[PrinceCharming]

Cross examined by WHOM?

No really... beacuse their is no judge or prosecutor in a parking ticket appeals hearing in NJ.

There is an administrative officer (who acts a lot like a judge and prosecutor in one...) That person rules on the evidence presented by the motorist. The ticket (report of the officers observation) is all the states evidence. Notarized witness statements are considered - otherwise the officer would have to appear AND HE DOESN'T!!! Its not a court so if you don't like the ruling you can pay the fine and then appeal to regular traffic court.

Cross examined. LOLOLOLOL... Its a parking ticket, not a capital murder case.

How is the officer going to be cross examined? HE'S NOT. That's how.

Thank You for agreeing with me, I have been taking a verbal beeting from these people. However, the clerk did say that notirized statements were not enough, then again ... clerks are not lawyers. At this point, let's just wait it out. I believe Ish has got the information that he needs. Let's just wait a month or so to find out if any of this advice was helpful.

 

[amreason]

The same thing happened to my girlfriends mom not to long ago. She plead not guilty and won.