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Ticket: parking within 25ft from crosswalk-NJ

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NJ111

Member
Parking ticket in NJ for parking within 25ft from a cross walk on a perpendicular street.

The street where the car was parked has no crosswalk. Officer never measured distance from corner, went out of his patrol car only to put ticket on windshield. Rest of the street where the car was parked in the same vicinity has street markings delineating where to park from corners and stop signs except in that block where the ticket was received.

Two questions:
1. Can a traffic officer measure distance from within the patrol car?
2. Any chance to fight the ticket? Basis is inconsistency of street line markings on the same street and questionable measurement of distance in case officer never measured it on the scene.

Thank you for your help.
 


Zigner

Senior Member, Non-Attorney
Parking ticket in NJ for parking within 25ft from a cross walk on a perpendicular street.

The street where the car was parked has no crosswalk. Officer never measured distance from corner, went out of his patrol car only to put ticket on windshield. Rest of the street where the car was parked in the same vicinity has street markings delineating where to park from corners and stop signs except in that block where the ticket was received.

Two questions:
1. Can a traffic officer measure distance from within the patrol car?
2. Any chance to fight the ticket? Basis is inconsistency of street line markings on the same street and questionable measurement of distance in case officer never measured it on the scene.

Thank you for your help.
1: Yes.
2: Not based on what you've said. A crosswalk doesn't have to be "marked" and the officer will testify as to his ability to discern that you were less than 25' from the (unmarked) crosswalk.
 

NJ111

Member
Zigner, I appreciate the prompt response. Thank you.

Just for the sake of a legal argument; if you are liable for parking at 24’ instead of 25’ then shouldn’t the officer have an accurate device to measure that distance? (I’ve seen them before with a wheel on a stick that has a counter) And if only the officers have such a special device and all private cars do not then where is the checkpoint that holds the driver responsible for keeping the legal distance given no street markings? If it’s just an “estimate” that only an officer is allowed to make then may be there is a case? Or no. Thanks again!
 

Zigner

Senior Member, Non-Attorney
Zigner, I appreciate the prompt response. Thank you.

Just for the sake of a legal argument; if you are liable for parking at 24’ instead of 25’ then shouldn’t the officer have an accurate device to measure that distance? (I’ve seen them before with a wheel on a stick that has a counter) And if only the officers have such a special device and all private cars do not then where is the checkpoint that holds the driver responsible for keeping the legal distance given no street markings? If it’s just an “estimate” that only an officer is allowed to make then may be there is a case? Or no. Thanks again!
Just for the sake of argument...were you parked 24' instead of 25'?
 

adjusterjack

Senior Member
shouldn’t the officer have an accurate device to measure that distance? (I’ve seen them before with a wheel on a stick that has a counter)
How do you know what he did to measure the distance? You weren't there.

There are always statutory definitions of where a crosswalk is when there are no street markings. It wouldn't surprise me if the officer long ago measured the distance and took note of sidewalk grooves, trees, bushes, posts, or structures, to document the 25' distance.
 

NJ111

Member
.
Just for the sake of argument...were you parked 24' instead of 25'?
Pretty close. I don’t know exactly as I discovered the ticket after I drove the car that day. But I had one similar ticket the year before in a different spot, which made me aware of that law whenever I park.

I’m guessing you think that the argument wouldn’t stand in a court?
 

NJ111

Member
How do you know what he did to measure the distance? You weren't there.

There are always statutory definitions of where a crosswalk is when there are no street markings. It wouldn't surprise me if the officer long ago measured the distance and took note of sidewalk grooves, trees, bushes, posts, or structures, to document the 25' distance.
You are correct about that, I do not. All I know is that the officer did not leave the patrol car except to place the ticket on the windshield. Security cam footage.
 

Zigner

Senior Member, Non-Attorney
.

Pretty close. I don’t know exactly as I discovered the ticket after I drove the car that day. But I had one similar ticket the year before in a different spot, which made me aware of that law whenever I park.

I’m guessing you think that the argument wouldn’t stand in a court?
Your "argument" is that you don't really have any idea how far away you were, while the officer will testify that you were less than 25'. How do you think that will work out?
 

NJ111

Member
Based on your assumption not so good. But if the officer testified with that then
Your "argument" is that you don't really have any idea how far away you were, while the officer will testify that you were less than 25'. How do you think that will work out?
Then the question will be how did the officer measure it himself?
 

Zigner

Senior Member, Non-Attorney
Based on your assumption not so good. But if the officer testified with that then


Then the question will be how did the officer measure it himself?
Based on experience...based on previously measured points (as was pointed out above)...based on comparing the length of your car (probably around 15'-17') to the distance away from the crosswalk. There are multiple possibilities.
 

NJ111

Member
Based on experience...based on previously measured points (as was pointed out above)...based on comparing the length of your car (probably around 15'-17') to the distance away from the crosswalk. There are multiple possibilities.
Sure there are multiple possibilities for error as well, since it’s all a guesstimate and subjective.
 

PayrollHRGuy

Senior Member
Sure there are multiple possibilities for error as well, since it’s all a guesstimate and subjective.
Sure there are. You estimated wrong knowing what the law was because you had previously been ticketed. The officer is going to testify (or has by issuing the ticket) that you were closer than 25'. You can't say with any authority that you were further away than 25'. Who do you think is going to win.
 

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