Throwing Objects Out of a Vehicle

[ksbnjit]

My question involves a traffic ticket from the state of: New Jersey

So a few months ago me and my friends had a water balloon fight in a parking lot, after all of them (or so we thought) were thrown, we left and stopped at Dunkin Donuts for some ice cream. We were in two separate cars, and as I was leaving from Dunking donuts (but still in the parking lot) my friend who was outside the other vehicle threw a balloon at a parked car which had a two girls inside it. They girls thought the balloon came from my car because I was leaving as this happened, and so they called the police on me. I was able to get my friend who threw it to testify that he did it because he was away so I was found guilty. At first the court told me the statute was 39-4-63 which is throwing sharp or injurious objects out of a vehicle, but found that unfitting so they changed it to 39-4-64 which is throwing objects out of a vehicle on the highway. This bumped up the fine from $100 to $200 because those were the minimums. They told me I have 20 days to appeal, and am unsure if I should appeal or not.

But the statue is incorrect! I looked up the definition of a highway on the internet and it said..A highway is any public road... but this wasnt done on a public road it was done on the private parking lot of Dunkin Donuts.. Do you think the case would be dismissed if I appealed due to it being incorrect or would they change the statue????

HELPPP

[That Guy]

I was able to get my friend who threw it to testify that he did it because he was away so I was found guilty.

Say whaaaat?

[free9man]

Say whaaaat?

I think he meant he wasn't able to get his friend etc etc etc.

[jk]

and believes he has a valid appeal because the statute addresses actions on a highway and he was in a parking lot.




Hey ksbfjjr; how can you argue the statute is improper if you are arguing you are not guilty to anything?


anyway, go ahead and appeal. You do realize they probably have a year from the crime to file charges, right? So what are you going to do when they refile it with the correct statute?

[ksbnjit]

The thing is i am only 18 so i dont know anything about law... Yes I am pleading to not guilty, but if I am still found guilty shouldnt i atleast have the correct statute? After looking for quite some time I havent been able to find one that applies to this.

[Dogmatique]

I know this is an extreme example, but do you remember those idiot kids who were standing throwing cinder blocks onto the highway?

Yeah?

Good. Knock off the stupidity now before you end up going away for a long, long time.

[Mr. Knowitall]

I suspect they could have charged a disorderly persons offense, such as NJSA 13:1E-99.3.

[PTPD22]

I was able to get my friend who threw it to testify that he did it because he was away so I was found guilty.

Do you think the case would be dismissed if I appealed due to it being incorrect or would they change the statue????

Ok, so you have already tried to contest this and were found guilty in court. And, now you are contemplating appealing the conviction...is that correct? If that is correct, then an appellate court would not (could not) change the charge. They could a) uphold the conviction, b) reverse the conviction, or c) send it back to the lower court for retrial based on the appellate court's interpretation of the law.

At first the court told me the statute was 39-4-63 which is throwing sharp or injurious objects out of a vehicle, but found that unfitting so they changed it to 39-4-64 which is throwing objects out of a vehicle on the highway. This bumped up the fine from $100 to $200 because those were the minimums.

So, you're saying that the minimum penalty for throwing "sharp or injurious objects" is $100 fine...but just throwing anything (piece of paper, styrofoam cup, etc.) has a minimum fine of $200? I know the law is sometimes screwy (and I haven't done any research to check your facts)...but, that doesn't make any sense!

But the statue is incorrect! I looked up the definition of a highway on the internet and it said..A highway is any public road... but this wasnt done on a public road it was done on the private parking lot of Dunkin Donuts.

Again, I haven't done any research to check your facts...and I am not familiar with NJ law...but, I believe that you are correct. In most states, private parking lots and such are not a highway for purposes of enforcing traffic infractions unless the business/property owner has signed an agreement with the city/county and has posted signs stating that traffic violations will be enforced on that property by authority of state statute such-and-so.

[Mr. Knowitall]

Although the case I looked at was from a few decades back, New Jersey has historically held that private parking lots do not fall under the definition of "highway".

[ksbnjit]

Ok, so you have already tried to contest this and were found guilty in court. And, now you are contemplating appealing the conviction...is that correct? If that is correct, then an appellate court would not (could not) change the charge. They could a) uphold the conviction, b) reverse the conviction, or c) send it back to the lower court for retrial based on the appellate court's interpretation of the law.



So, you're saying that the minimum penalty for throwing "sharp or injurious objects" is $100 fine...but just throwing anything (piece of paper, styrofoam cup, etc.) has a minimum fine of $200? I know the law is sometimes screwy (and I haven't done any research to check your facts)...but, that doesn't make any sense!



Again, I haven't done any research to check your facts...and I am not familiar with NJ law...but, I believe that you are correct. In most states, private parking lots and such are not a highway for purposes of enforcing traffic infractions unless the business/property owner has signed an agreement with the city/county and has posted signs stating that traffic violations will be enforced on that property by authority of state statute such-and-so.

Yea it made no sense to me either that the fine for injurious objects was less.. i think im gonna go talk to a lawyer but thanks so much guys!