Fire zone ticket

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Latest post 01-25-2006 10:05 AM by njgal. 9 replies.
  • 01-23-2006 12:09 PM

    • jerz
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    • Joined on 01-23-2006
    • Posts 8

    Fire zone ticket

    NJ ticket for parking in a fire zone. I was told by the business to pull up so that an employee could put 3 cases in my car. As I was giving the ticket other customers at the larger store in the center were unloading people and loading groceries in their car with no ticket given. I had already leave by the time the police came and I was told to park and wait for him. He told me I should have used a cart to move the cases but this store doesn't have them. How can he be selective in who he writes a ticket to. Can you help?
    Thanks
  • 01-23-2006 1:59 PM In reply to

    • njgal
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    • Joined on 10-09-2001
    • Posts 352

    Feedback [*=*] re: Fire zone ticket

    Do you have the statutory violation citation?

    What did the sign say? If it said "no stopping or standing" after "Fire zone"...then you are beat....and it doesn't matter that you were the only one to get a ticket...the police have discretion to give tickets to everyone or no one ....or anyone in between.

    The difference between the stores may have to do with the location of hydrants....
  • 01-23-2006 6:19 PM In reply to

    • jerz
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    • Posts 8

    re: Fire zone ticket

    Thanks for the reply but, what do you mean by statutory violation citation?
  • 01-23-2006 7:23 PM In reply to

    re: Fire zone ticket

    Something on your ticket would list the statute you violated.

    Like NJ xyz 123.3a No parking in a fire zone.

    Something like that.

    That the store owner told you to park there is not a defense.

    Just like if the store owner told you to kill somebody and you went and did it.
    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 01-24-2006 9:57 AM In reply to

    • njgal
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    Feedback [*=*] re: Fire zone ticket

    It should have a citation to which law the police officer was enforcing...usually beginning with "NJSA" and then a two digit number followed by a colon, and then more numbers and letters.
  • 01-24-2006 1:35 PM In reply to

    • jerz
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    • Posts 8

    re: Fire zone ticket

    It has an ordinance code # 15-3-3 fire zone
    Thanks
  • 01-24-2006 3:37 PM In reply to

    • njgal
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    Feedback [*=*] re: Fire zone ticket

    That makes it a local ordinance....which is often code for "municipal money maker." Local ordinances are generally not available on the internet. However, they typically are "strict liability" violations, which means if the car was there, you owe the ticket.
  • 01-24-2006 6:40 PM In reply to

    • jerz
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    • Joined on 01-23-2006
    • Posts 8

    re: Fire zone ticket

    Then I should just pay the ticket or should I give it a try fighting it. Should I check the sign before I go and what would be you sugesstion on this ticket.
    I would just like to thank you for all your help, this site is great.
  • 01-25-2006 9:56 AM In reply to

    re: Fire zone ticket

    Parking tickets are probably not worth the half day you'd spend in court fighting it and you probably don't have the snowball's chance of beating it.
    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 01-25-2006 10:05 AM In reply to

    • njgal
      Lawyer
    • Top 150 Contributor
    • Joined on 10-09-2001
    • Posts 352

    Feedback [*=*] re: Fire zone ticket

    As a practical matter, Jack is probably right...you have little chance of beating it, and if you plead not guilty and lose, then you have to pay court fees and costs that could easily run you an additional $50 to $75.

    If you want to educate yourself about it, the starting point is getting the municipal ordinance so that you can read the language precisely. Then there are statutes and codes regulating the language and placement of the signs that can be investigated. Followed by measuring the signage and documenting the measurements that would prove the signage to be out of code to be used in court as evidence.

    Did you think you had any other defenses? Other folks were doing it doesn't fly.
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