Legal Question in Traffic Law in New Jersey

I received a ticket in Westfield for going down the wrong way on a one way street (39.4.83.1). It was 10pm and the street was very dark with very few street lights. I did not see signs indicating that it was a one-way when I turned onto the street, however, when I went back and asked a resident on the street I was told that the last 100 feet is one-way, the rest of the street was 2-way. When I drove up further, there was a "Do Not Enter" sign, but it was very difficult to see as the street was very dark. Do I plead not-guilty since the sign was not visible? Can I fight it?

Asked on 1/31/10, 9:18 pm

2 Answers from Attorneys

Allan Marain Law Offices of Allan Marain

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You can always fight it. The question you meant to ask is, "Can you win?"

The answer to that question is a big fat "Maybe." There are some very precise standards that govern how signs are to be placed, and the specifications for those signs. Unless the "Do Not Enter" sign complies with those standards, you can win. Whether the sign does or does not comply requires some very close study.

Even if winning is possible, this is much too technical an area for someone not familiar with the legal area to do. In practical terms, the cost of a lawyer who would fight for you will be much more expensive than just working out a deal with the prosecutor. Is that fair? No. That's just the way it is.

Sorry.

Answered on 2/06/10, 5:11 am

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