Legal Question in Traffic Law in New Jersey

No one way sign, uninsured

I reside in NH. When in seaside hights, NJ, i received a ticket for going down a one way and no insurance. In NH you are not required to carry any kind of insurance. I took pictures of the one way leaving the motel showing there are no signs. If I can prove no signs for one way can they dismiss the no insurance since then there is no probable cause for stopping me. If not, the Law on insurance carrying when traveling thru NJ is newly amended (July 2003)to the previous law applying only to residents and people storing there vehicle in NJ. Can I use that? Also the police towing scraped and damaged my car when towing and the police officers even saw what the tow truck did. Can I sue the towing company (I think city owned) for damages? Can I also sew the motel for no signage for the one way?


Asked on 10/15/03, 1:03 pm

2 Answers from Attorneys
Rafael Gomez Rafael Gomez, Attorney at Law, P.C.

Re: No one way sign, uninsured

lots of issues. If u took pictures of the one way leaving the motel, then there was at least one sign. There would then be probable cause because there was signage. But if u can prevail on the lack of signage issue, then u are right. If no probable cause, no leg to stand on in issuing the no insurance ticket. The case to check to prove that an out of State vehicle (just passing through) need not prove insurance is State vs. Arslanouk, 167 N.J. Super. 387 (App. Div. 1979), use that and u will win. Suing the motel sounds like a stretch. If the cop will be your witness for the vehicle damage, then you may file your case in small claims court. Lots of luck!

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Answered on 10/15/03, 1:59 pm
Gary Moore Gary Moore Attorney At Law

Re: No one way sign, uninsured

You can do all of the things you propose, except that damaging your vehicle after the fact does not exculpate you as the charges for the operation of your vehicle which may be in violation of the law. You might consider hiring an attorney because when you have lost and are disappointed there will probably be little an attorney can do for your after the trial is completed and a verdict rendered.

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Answered on 10/15/03, 2:24 pm


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