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  1. #1

    Default Parking Ticket After the Fact

    My question involves a traffic citation from the state of: new jersey

    Can you get a parking ticket for illegally parking in a spot if someone calls the police to let them know you are illegally parked. If you leave before anyone gets there can they issue a summons later if license plate was given to police?

  2. #2
    Join Date
    Nov 2008
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    Default Re: Parking Ticket After the Fact

    Honestly, it depends on if they took pictures of your car parked illegally with you out of it. Otherwise, they could just take license plates of any car and tell the police they're parked illegally, whether or not they're anywhere in the area.

    In short terms, yes, if they have proof, I think you're out of luck.

    BUT, if they don't have any pictures, I would THINK that you'd be able to fight it, as they've no proof to put you there.

    I am not an attorney, and my advice shouldn't be interpreted as that of an attorney.

  3. #3
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    Default Re: Parking Ticket After the Fact

    Quote Quoting mistiesmemorial
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    Can you get a parking ticket for illegally parking in a spot if someone calls the police to let them know you are illegally parked. If you leave before anyone gets there can they issue a summons later if license plate was given to police?
    You as much as admitted you were parked illegally. When asked, under oath, if you were parked illegally, you will answer...how?

    Bottom line is that the state must prove you were parked illegally. As the previous posted stated, without hard evidence as such, the ticketing officer hasn't much of a case to present; it's strictly hearsay.

  4. #4
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    Default Re: Parking Ticket After the Fact

    Yep! And Hearsay is inadmissible in court... I think.

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    Default Re: Parking Ticket After the Fact

    Quote Quoting Saldore
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    Yep! And Hearsay is inadmissible in court... I think.

    ONLY as outlined in: ARTICLE VIII. HEARSAY: and supporting case law, of course.


    http://www.njlawnet.com/njevidence/


    Probable cause for arrest/citation can be based on hearsay, yes, such as a search warrant and probable cause based on hearsay, but it is rare.

    In this fact specific case, I can't even see any PC for a citation, much less a hearsay evidence admission by the Court as a basis for a "beyond a reasonable doubt" conviction.

  6. #6
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    Default Re: Parking Ticket After the Fact

    Thanks for the clarification! ^.^

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    Default Re: Parking Ticket After the Fact

    Quote Quoting Saldore
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    Thanks for the clarification! ^.^

    Your are welcome, and welcome to Expert law.

  8. #8
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    Default Re: Parking Ticket After the Fact

    Quote Quoting mistiesmemorial
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    My question involves a traffic citation from the state of: new jersey

    Can you get a parking ticket for illegally parking in a spot if someone calls the police to let them know you are illegally parked. If you leave before anyone gets there can they issue a summons later if license plate was given to police?

    They would need the snitch as a testimonial witness and/or a picture/cell phone video of you illegally parked in lieu of, OR other proof after an investigation.

    Without such as outlined, there can be NO probable cause to cite.

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