Legal Question in Traffic Law in New Jersey

Handicapped Parking Spaces

I am working at NAES Lakehurst and I recently wrote a ticket to a

gentleman for parking in a handicapped parking space. The handicapped

markings on the pavement and the blue lines were faded and there weren't

any signs signifying that exact parking spot was handicapped. On

the left and right side of that spot were handicapped so that led me to

believe that that was a handicapped spot. I was told by my superiors to

void out the ticket since it wasn't a handicapped spot but I thought

that you couldn't have a few handicapped spots with a normal parking

spot in the middle of it all. If I am wrong please tell me so but I was

told to void the ticket because a Court Judge would have told me that I

didn't know what I was doing. What I am basically asking is can a Handicapped Parking Zone be broken up with a normal parking spot in the middle of it. Thank you so much.


Asked on 9/15/04, 8:38 am

1 Answer from Attorneys

Alan Albin Alan S. Albin, Attorney at Law

Re: Handicapped Parking Spaces

I assume you were instructed to void the ticket by your superior at your agency.

From the facts you describe, the issue is not the sequence of the parking spaces. The issue is that a person cannot be convicted of a parking violation if the markings for the handicapped spot are either in technical violation of legal requirements or are otherwise deficient. In this instance, the space was apparently inadequately painted and there was apparently inadequate signage. Indeed, you yourself note that there were no signs indicating "that exact spot was handicapped" parking. In addition to probably technically violating the statutory requirements, failure to provide adequate notice is a due process issue.

Surely you don't think that it's "fair" to give someone a ticket for improperly parking when the parking space is not properly marked? That's probably what your colleagues meant when they told you that a judge would think that you "didn't know what [you] were doing."

I don't mean to be harsh, but these are basic law enforcement issues and I am somewhat surprised they were apparently not covered adequately in your training.

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Answered on 9/15/04, 11:23 am


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