Legal Question in Traffic Law in New Jersey

My dad, 80, went to a mall, at 7pm, dark here in NJ. He pulled into a vacant parking spot. He went in for a card, came out 7 mins later to a mall cop giving him a ticket for parking in a handicap parking space. He asked why he was being ticketed, was told he had parked in a handicap space. My dad pointed out that there was no sign that said is was a handicaped space. The officer said that no, there was no sign, but that my dad should have seen the blue paint. My dad responded? What blue paint? They both looked on the ground, and? The officer had to return to his car to get a flashlight! Neither of them could see the "blue" paint! He would not take back the ticket. I took my dad to the mall office a few weeks later, after the judge allowed him pursue a not guilty plea, and asked for the paperwork stating as to when they replaced the sign. Yes, they had replaced it after my dads ticket. They have refused to furnish said paperwork, Now what?


Asked on 12/29/09, 4:13 pm

4 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Did you speak to the prosecutor about this? This seems like a lot of trouble for nothing. Most prosecutors would probably work out a good deal for him due to all of the circumstances.

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Answered on 1/03/10, 4:19 pm
Robert Gleaner Robert A. Gleaner, P.C.

You can have the Court subpoena the cop to come in to Court to testify. Also, find out the name of the guy who replaced the sign and subpoena him as well. Once you gather all of your evidence and proofs, you can get your trial and assuming everyone tells the truth, your dad should get his dismissal. Or if the cop just tells the prosecutor up front what occurred, maybe it will be dismissed prior to trial.

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Answered on 1/03/10, 5:40 pm
E. GREGORY CANNAROZZI E. GREGORY M. CANNAROZZI, COUNSELLOR-AL-LAW, L.L.C.

I agree with the above, but I would like to know in which municipality and what mall. I had a simlar case last yaer and there had to be 22 defendants. There is a state code on handicapped spaces, signs, etc. Also, there is a section under the Federal Civil Rights Act which you may be able to pursue after the case is over for damages and attorney fees associated with defending this case. It all depends on the facts and what discovery is provided by the prosecutor. Each minicipality is different, and you may be offered a plea of a small fine and court costs only.

Call my office if you require further advice. Email is: [email protected]

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Answered on 1/03/10, 7:47 pm
SAUL SEGAN SAUL H SEGAN ATTY AT LAW

This case should definitely be dismissed....Your Dad should ask for a public defender--and considering suing the township or the mall. This kind of thng is a disgrace. Also refusing to supply the paperwork to me is either obstructing justice or tampering with evidence.

I would be curious to know what township this is in-----

Saul H Segan Esq

215 732 4000

www.saulhsegan.com

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Answered on 1/06/10, 1:46 pm


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