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Ali Kirk
Ali Kirk, Lawyer
Category: Criminal Law
Satisfied Customers: 244
Experience:  14+ years experience in misdemeanor and felony trials and appeals.
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I reside in Sayreville NJ at Winding Woods Apt Complex. On

Resolved Question:

I reside in Sayreville NJ at Winding Woods Apt Complex. On Dec 26th I had received a parking ticket because I was parked curbside and not in one of the spaces. My question is can I fight this ticket. It is private property and there is no signage stating no parking, the curbs are not yellow out, no safety lines or fire hydrants and last it is not a thruway. I was not blocking the walk way for emergency vehicles. Please advise
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Ali Kirk replied 5 years ago.

Thank you for your question. I have been involved in traffic law for over 14 years.

 

Can you please tell me the statute (law) you were alleged to have violated?

 

-Look at the actual ticket and on the ticket, you will see some numbers (i.e. 546.78, etc.), can you please provide me with those statute numbers and if you can, whether the law is a New Jersey Law or a county or city law if possible?

 

Thank you.

Customer: replied 5 years ago.

7.31.1

Sayreville New Jersey and it is Middlesex County

Expert:  Ali Kirk replied 5 years ago.

Thank you for the follow-up information. Unfortunately, it appears that there has been some problems with logging onto this site, recently. I determined this because when I have attempted to log-in the computer does not bring up the site and the computer times out. I entered other site with no problem. Good thing that I am a lawyer and not computer programmer.

 

If possible, as I referenced in my initial answer -- if possible, could you please look at the ticket and inform me of what parking law you allegedly violated? Meaning was it a county law, or a New Jersey Law and what number (citation) was listed on the ticket?

 

However, notwithstanding the above, the following definitions for information purposes provide some guidance with respect to New Jersey Traffic Laws.

 

39:1-1 Words and phrases defined.

 

"Limited-access highway" means every highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway; and includes any highway designated as a "freeway" or "parkway" by authority of law.

 

Parking" means the standing or waiting on a street, road or highway of a vehicle not actually engaged in receiving or discharging passengers or merchandise, unless in obedience to traffic regulations or traffic signs or signals.

 

"Private road or driveway" means every road or driveway not open to the use of the public for purposes of vehicular travel.

 

The provisions of this act shall not apply to public highways or transportation systems under the jurisdiction of a county or municipality.

________________

 

New Jersey State Law provides for the following:

__________

39:4-138. Places where parking prohibited; exceptions; moving vehicle not under one's control into prohibited area.


39:4-138. Except when necessary to avoid conflict with other traffic or in compliance with the directions of a traffic or police officer or traffic sign or signal, no operator of a vehicle shall stand or park the vehicle in any of the following places:

a. Within an intersection;

b. On a crosswalk;

c. Between a safety zone and the adjacent curb or within at least 20 feet of a point on the curb immediately opposite the end of a safety zone;

d. In front of a public or private driveway;

e. Within 25 feet of the nearest crosswalk or side line of a street or intersecting highway, except at alleys;

f. On a sidewalk;

g. In any appropriately marked "No Parking" space established pursuant to the duly promulgated regulations of the Commissioner of Transportation;

h. Within 50 feet of a "stop" sign;

i. Within 10 feet of a fire hydrant;

j. Within 50 feet of the nearest rail of a railroad crossing;

k. Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance, when properly signposted;

l. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic, when properly signposted;

m. On the roadway side of any vehicle stopped or parked at the edge or curb of a street;

n. Upon any bridge or other elevated structure upon a highway, or within a highway tunnel or underpass, or on the immediate approaches thereto except where space for parking is provided;

o. In any space on public or private property appropriately marked for vehicles for the physically handicapped pursuant to P.L.1977, c.202 (C.39:4-197.5), P.L.1975, c.217 (C.52:27D-119 et seq.) or any other applicable law unless the vehicle is authorized by law to be parked therein and a handicapped person is either the driver or a passenger in that vehicle. State, county or municipal law enforcement officers or parking enforcement authority officers shall enforce the parking restrictions on spaces appropriately marked for vehicles for the physically handicapped on both public and private property.

No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful.

Amended 1948,c.342,s.2; 1951,c.23,s.77; 1981,c.20,s.1; 1989,c.201,s.1.
____________


As a result, based on state law, it appears that you most likely have not violated a parking law. However, based on the definitions above, I would like to find out if it was alleged that you violated a county code. I researched the county that you referenced and could not find a database. I look forward to hearing from you.

 

 

DISCLAIMER (I really don't like this but it is necessary): This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for "Legal Informational" purposes only and should not be confused with "Legal Advice" and nothing in this response should be construed as legal advise for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney.

 

This information is limited in scope and is confined to the question asked and should not be relied upon to provide a comprehensive picture of any particular situation and you are strongly encouraged to seek counsel for further course of action, if applicable. In other words, this response is not intended nor shall it be construed as providing you with all the information that your legal questions/issues may require. If you do require legal advice and retention/hiring of an attorney, I encourage you to consult an attorney who is actively engaged in the practice of law in the area of law relevant to your legal questions/issues and who is admitted to the bar or lawyer licensing agency in your jurisdiction(s) or the jurisdiction(s) that has jurisdiction over your legal questions/issues. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference.

Customer: replied 5 years ago.
I do not have the ticket in front of me. Can I reply back later tonight and can give you more information from the ticket. Please advise.
Expert:  Ali Kirk replied 5 years ago.

Thank you that would be great. It is important that you try to provide me the information because New Jersey, through statute, delegates some parking issues to local cities and counties.

 

Thank you for your cooperation and time. I try to provide complete answers.

Customer: replied 5 years ago.

Court ID 1219 Prefix L Ticket Number 101110

offense date Dec. 26th 08 time 11:38 AM

Failure to park in marked space. ordinance /code no.7.31.1

 

this is all the information on the ticket other than my lic # XXXXX and make of vehicle.

Expert:  Ali Kirk replied 5 years ago.

Thank you for the follow-up information. I have been in trial most of the day and will provide you with the answer on 3/18/09.

 

Thank you.

Expert:  Ali Kirk replied 5 years ago.

Thank you for the follow-up information. I really had to dig deep to try to find the County Code for Middlesex County.

 

Based on a review of the codes, I did not see any prohibition for parking in a private space. However, the extreme detail of this county(s) code made it difficult to determine all of the nuances.

 

The only problem that I think you should be concerned with is the allegation of not parking in a marked space.

 

However, from a common sense perspective, it would be reasonable for you to argue that the area was private and therefore under New Jersey State Law, you did not park illegally.

 

Below, please find the link for the County Code for Middlesex County.

 

http://www.ecode360.com/?custId=MI0188

 

Good luck.

 

 

DISCLAIMER (I really don't like this but it is necessary): This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for "Legal Informational" purposes only and should not be confused with "Legal Advice" and nothing in this response should be construed as legal advise for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney.

 

This information is limited in scope and is confined to the question asked and should not be relied upon to provide a comprehensive picture of any particular situation and you are strongly encouraged to seek counsel for further course of action, if applicable. In other words, this response is not intended nor shall it be construed as providing you with all the information that your legal questions/issues may require. If you do require legal advice and retention/hiring of an attorney, I encourage you to consult an attorney who is actively engaged in the practice of law in the area of law relevant to your legal questions/issues and who is admitted to the bar or lawyer licensing agency in your jurisdiction(s) or the jurisdiction(s) that has jurisdiction over your legal questions/issues. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference.

Ali Kirk, Lawyer
Category: Criminal Law
Satisfied Customers: 244
Experience: 14+ years experience in misdemeanor and felony trials and appeals.
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