Legal Question in Traffic Law in New Jersey

Parking Ticket

I recently was ticketed by a local police officer for ''parking'' in a ''No Parking'' zone (Title 39:4-138g). This happened on a Sunday night 10:30PM in front of a Shoprite supermarket while I waited for my wife. I had my engine and headlights on.

The police officer first drove passed me. But he did not signal me to move my car, and I didn't think I was doing anything wrong. When he came back a few minutes later, he pulled in behind and ticketed me.

The ticket has no points and cost $44. It is not worth the trouble of going to court to fight this ticket. But I feel like the officer had no good reason to ticket me, other than the fact that he saw an Asian American. I would have moved my car if he had signal me to do so. Also, I see people wait in front of supermarkets to pick up their love ones all the time. I don't believe they get ticketed for doing so. Finally, there was hardly any traffic at that time and I was not blocking any traffic by waiting there a few minutes.

The question is do I have any ground to challenge this ticket in the Court?

Thanks for your counsel!

DC


Asked on 8/19/03, 5:13 pm

1 Answer from Attorneys
Jeffrey Weinstein Jeffrey L. Weinstein, Attorney at Law

Re: Parking Ticket

The statute reads "Except where necessary to avoid conflict with other traffic or in compliance with the directrions of a traffic or police office or traffic sign or signal, no operator of a vehicle shall stand or park the vehicle in any of the following places. . . (g) In any appropirately marked "No Parking" space established pursuant to the duly promulgated regulations of the Commissioner of Transportation."

You were clearly "standing" as defined by the statute. Your best line of attack is to see if you were in an appropriately marked no parking space. Carefully check the area for signage and space markings, and take photographs. Secondly, you will want to request discovery from the municipal prosecutor, and specifically ask for the regulation that established this particular no parking space. This is particulary important since the Shop Rite is probably located on private property If you come to trial, and this regulation is not produced, I think you can successfully argue that the State has not met its burden of proof.

This is clearly a lot of work to fight a 44.00 parking ticket, but if you want to do so, that is what I recommend.

I hope that you will remember me should you have the need for legal services in the future.

Good Luck.

Jeff Weinstein

609-397-8400

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Answered on 8/20/03, 8:28 am


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