Re: Throwing Objects Out of a Vehicle
of course the appellate court couldn't alter the charge but if the statute of limitation to file a charge has not elapsed, the DA could file a new charge. Would they? I suspect not but they could.
PTPD22;628505]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.
per the definitions in MJ law, a parking lot would not fit under the definition of a highway.
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.
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.