Legal Question in Traffic Law in New Jersey

I live in NJ and had my car towed and received a ticket for "abandoning vehicle on private property" when I parked at a bagel place on my street (which was closed down for the next 3 days) for a total of 9 hours. Legally, a car cannot be considered "abandoned" until it is there for 48 consecutive hours and the landlord must give notice to the owner before having the car removed. I have to appear in court for the ticket and am planning on fighting it. I also want to take the landlord to a small claims court to try to get reimbursed for the money I had to pay for the tow and lost wages for missing work. Any advice on what I should do to prepare for this? I have proof that I was at work until 10pm the night before but my job does not have security cameras in the parking lot. Is there a way I can prove my car wasn't there that long? I appreciate any help or advice :)


Asked on 1/23/11, 11:20 pm

1 Answer from Attorneys
Gary Moore Gary Moore Attorney At Law

You seem to be very familiar with the law that forbids abandoning a car on private property. You say that forty-eight hours must elapse to have abandonment. The statute has the exception of a vehicle, without plates, that is left on the property without permission for any amount of time. I also note that the most severe penalty, upon conviction, is not imposed by the municipal court, but by the motor vehicle director and it is the suspension of your driving privileges for up to two years for a first offense and up to five years for a subsequent offense. Would this be your first offense. Perhaps hiring an attorney would be more cost effective given the extreme penalty upon conviction.

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Answered on 1/27/11, 2:36 pm


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