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  1. #1
    Join Date
    Oct 2011
    Posts
    1

    Default Found and Used Handicap Placard, Theft of Mislaid Items Charge, Parking Violation

    My question involves a traffic citation from the state of: NJ

    About 3 weeks ago I found a handicap placard on the side of the road when I was out running. It was pretty beat up and bent. It looked like it was thrown away, so I took it home. Anyway I attempted one time to return it to the DMV and they looked at me like I was insane when I went there asked them about it. So I kept it.

    Last week I blew out my back. The doctor thinks its either an irritated nerve or a herniated disk. The worst pain of my entire life. I have x-rays and the form from the examination.

    Anyway I went to the mall tonight. It was pouring hard, my back was bothering me so I used the placard. When I came out a police car pulled up and he asked me where I got the placard as it did not match my plate. I said I found it and he said I was under arrest for possession of misplaced items. He handcuffs me and takes me to the station. I tried talking to him and I asked him how he found it and he said it came up as "unknown" on the computer.

    He wrote up 3 summons to me:

    Parking in a handicapped spot
    Improper use of handicapped tag
    2C:20-6 - and he wrote "Theft of mislaid property by not disposing properly of found handicap tag"

    After all of this having me chained up first in the car and than in the station he uncuffs me and says I will take you back to your car. I was like um, ok. He says you are free to go. Than he says this teaches you, dont do it again.

    I looked this up on the net and this is not what 2C:20-6 says:

    "In accordance with N.J.S.A. 2C:20-6, captioned Theft of property lost,
    mislaid, or delivered by mistake "a person who comes into control of
    property of another that he knows to have been lost, mislaid, or
    delivered under a mistake as to the nature or amount of the property
    or the identity of the recipient is guilty of theft if, knowing the
    identity of the owner and with purpose to deprive said owner thereof,
    he converts the property to his own use.""

    Now I didnt steal this, nor do I know whom it belongs too. I found it, thats it. That being said I am scared. He scheduled the quickest court day he could which is next week and said to me unless the world ends you had better be there.

    As soon as I got home I called an attorney who is from this area and he said the cop way, way over reacted. He said he was going to take care of it. This guy is a former prosecutor.

    Anyway I am really scared. I do a lot of high tech security work. I cant afford to have this on my record. I admit I found it and did use it but thats it. I certainly didnt steal it. Even the police dont know who it belongs too.

    I want to hear some opinions.

  2. #2
    Join Date
    Apr 2010
    Posts
    238

    Default Re: Found Handicap Placard, Used It, Got Arrested for Mislaid Items + Parking Violati

    My opinion; You should have thrown it away or turned it in at the DMV and let them deal with it. If it was not in the database then it might be counterfeit. You should have asked your physician to issue you a Rx for a "legal" HC placard or sticker. You should not have used a "found" HC placard to park in a handicapped stall at the mall.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Found Handicap Placard, Used It, Got Arrested for Mislaid Items + Parking Violati

    ...or dropped it off at a police station. I've turned in any number of found items (license plates, etc...) at NJ police stations. Maybe all they do is throw it away or in some box in the corner, but at least I'm not in possession of stolen property.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Found and Used Handicap Placard, Theft of Mislaid Items Charge, Parking Violation

    If it was not registered it was the property of the state. Use better judgement in the future.

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