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"Abandoned" Vehicle tantamount or worse than DUI?

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E

esselte

Guest
What is the name of your state? NJ

My vehicle was towed and impounded under NJ statute 39:4-56.5 which basically defines a vehicle that has been (legally or not) parked for more than 48 hours along any public roadway to be abandoned?!?!? :confused: A court appearance is required. The minimum fine is $100, max is $500. Potentially, I could even lose my license for up to 2 years (that is a stiffer penalty than for DUI)!

I don't want to piss off the judge, BUT, there is a mistake on the ticket. The ticket states that I "did unlawfully (circle one, park/operate, "operate" is circled) my vehicle. Clearly, the officer should have circled park.

Should I just suck it up, plead guilty and hope for the minimum fine? Or do I need to aggressively challenge the ticket so I don't potentially lose my license for 2 years? Cripes, I'm already out-of-pocket over $250, not to mention the aggravation.

I realize the offense is statutory and I don't have a prayer of dismissal and escaping a fine if found guilty. It sucks that I need to fear the Judge's reprisal if I dare sound off about my displeasure and try to challenge.

Time is of the essence (court is tomorrow). In the absence of any advice, I'll let you know how it goes.

Mike
 


R

Rouschkateer

Guest
Yes, but DID you leave your car abandoned for 48 hours? Was it on the side of the road? If you break down, how long do you expect the DOT to let your car sit there? Especially if it is on one of NJ's notorius highways. Talk about dangerous.
When in court, politely speak the truth, and hope for the best.
 
E

esselte

Guest
I parked my motorcycle on the side street adjacent to my girlfriend's apartment. It is a legal parking spot and being a motorcycle, it doesn't take much room at all. I left it parked there for about a week (inclement weather, I don't ride, it is not my primary vehicle). Apparently, the person who lives in the house that I parked in front of made a complaint. The bike is properly registered and insured. The only "crime" was that it was parked in the same spot for over 48 hours. It was towed on the Friday before Labor Day and I wasn't able to recover it until the following Wednesday because the impound yard was closed, I was away for the weekend and I couldn't get the vehicle release from the police station until Tuesday evening. I didn't even discover it missing until Tuesday evening, at which point I reported it stolen. The police called me back to tell me it had been towed and impounded. I understand that it is a statutory offense and my intent to abandon or not doesn't matter and that ignorance of the statute is no defense. My purpose in writing here is threefold:

1) To alert NJ residents of this statute so they may protect their own interests and avoid a similar fate.
2) To get some advice for a plea regarding the sufficiency of the summons as written with the error as described in my original post.
3) To vent some frustration.

Thanks for the advice.

Mike
 
J

JETX

Senior Member
esselte said:
My vehicle was towed and impounded under NJ statute 39:4-56.5 which basically defines a vehicle that has been (legally or not) parked for more than 48 hours along any public roadway to be abandoned?!?!?
Click to expand...
That isn't really what the law says.

Here is the statute:
"39:4-56.5. Abandonment of motor vehicle
1. a. It shall be unlawful for any person to abandon a motor vehicle on or along any highway, other than a limited access highway, or other public property or on any private property without the consent of the owner or other person in charge of the private property. A vehicle which has remained on or along any highway or other public property or on private property without such consent for a period of more than 48 hours or for any period without current license plates shall be presumed to be an abandoned motor vehicle. Vehicles used or to be used in the construction, operation or maintenance of public utility facilities and which are left in a manner which does not interfere with the normal movement of traffic shall not be considered abandoned vehicles for the purposes of this section.

b.It shall be unlawful for any person to abandon a motor vehicle on or along any limited access highway without the consent of the State Department of Transportation or other entity having jurisdiction over the limited access highway, as the case may be. A vehicle which remains on or along such a highway for a period of more than four hours or for any period without current license plates shall be presumed to be an abandoned motor vehicle. Legally parked vehicles, such as vehicles parked in a designated rest area for not more than 12 hours, or vehicles used or to be used in the construction, operation or maintenance of public utility facilities and which are left in a manner which does not interfere with the normal movement of traffic shall not be considered abandoned vehicles for the purposes of this section.

c.Any person who violates this section shall be subject for the first offense to a fine of not less than $100 nor more than $500 and his license or driving privilege may be suspended or revoked by the director for not more than two years. For any subsequent violation he shall be subject to a fine of not less than $500 nor more than $1,000, and his license or driving privilege be suspended or revoked for a period of not more than five years."

Was the vehicle currently licensed?? If so, then you would NOT meet the requirements of the above statute and it should be dismissed.

If your vehicle did NOT have current tags.... and if your only argument is that the ticket was in error (operated instead of parked), the court would look at that is being a 'simple error' and not sufficient to dismiss the ticket.
 
E

esselte

Guest
Thank you for the opinion on the simple error. However, please reread the underlined part of the statute: "A vehicle which has remained on or along any highway or other public property or on private property without such consent for a period of more than 48 hours OR for any period without current license plates shall be presumed to be an abandoned motor vehicle".

I've read the statute over and over and over and I come to the same interpretation:

There are two mutually independent conditions explicitly stated for your vehicle to be considered abandoned:

1) It has remained parked (otherwise legally) for a period of more than 48 hours.
OR
2) It was parked for any period of time without current plates.

My plates are current. I am in violation of the first condition.

Thanks,

Mike
 
B

BelizeBreeze

Senior Member
I don't want to piss off the judge, BUT, there is a mistake on the ticket. The ticket states that I "did unlawfully (circle one, park/operate, "operate" is circled) my vehicle. Clearly, the officer should have circled park.
Click to expand...
And as you have been told before, this error is not sufficient to void the ticket. Pay the fine or face the following in court.

You: Your honor, I'd like to bring to the court's attention this ticket contains a grevious error.

JUDGE: Bring it here son and show me the error.

(you hand the ticket to the judge, point to the 'operate' being circled then retreat from the bench)

JUDGE: Officer, did you see the defendent operting the vehicle?

Officer: No your Honor, it was parked when I approached it.

(judge crosses out the 'operate' circle and circles 'parked'.)

Judge: Guilty. Pay the clerk on your way out.
 
E

esselte

Guest
LOL.

ME: Your honor, I plead "no contest". I do not understand the summons, it claims that I did unlawfully operate my abandoned vehicle. Operation of a motor vehicle precludes abandonment and vice-versa.

Judge: Case dismissed.

Seriously, I'll just suck it up and pay the fine (hopefully the minimum). What bugs me is that a court appearance is required. Otherwise, I would have already paid any fine and have been done with it.
 
E

esselte

Guest
Plea bargained down to municipal parking offense. Guilty.

$21 fine plus 20$ court costs. Pay the clerk.

Case closed.

Thanks for the input.
 
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