Ticket for Leaving vehicle with engine running

[Paul88]

My dad got a ticket for this at 6AM. He went outside to turn his car on and left it running to warm up. He came back few minutes later to find a cop next to his car. Well I searched for the statue and wouldn't you know.

ONLY HIGWAY not parking lot, freaking cops. I will make sure he makes an idiot out of the cop in court!

39:4-53. Leaving vehicle with engine running prohibited; fine A person who leaves a motor vehicle, with its engine running, stationary on the highway and unoccupied by a person able to control it, and without setting the hand brake in such manner as to prevent the vehicle from moving, shall be fined not less than ten nor more than twenty-five dollars for each offense.

I wrote a motion to dismiss stating the statue but where can I find annotated statues. I'm wondering if the included "parking lot also"

Thank you

P.S. This is in New Jersey.

[weishaupt1776]

Paul, do they have the NJ Rules of Traffic Court?

Annotated is only at your law library

Motion to quash the summons. Any statute in derogation of the common law must be STRICTLY construed.

[Livefire]

Another angle is this......not only was said conveyance not in a place where the statute authorizes the cop to issue a citation, how did he determine the parking brake wasnt set??? Did he enter the conveyance and perform an illegal search without your dad's consent?? Another question....was said conveyance located on private property?

So we may possibly have misapplication of statute, trespassing, AND breaking in and entering here!!! Without knowing the situation better, I dont see how the cop can on good faith claim he had probable cause to issue a citation.

Depending on the situation, dear old dad might not only motion to quash the summons, he might also be able to make life not so nice for the nice officer! LOL

[test]

I found this link that perhaps it could help, though it looks more like for a "moving violation" but perhaps it can be tweaked a bit:

http://www.rochesterlaw.org/insidepg.../rejectnot.htm

http://www.rochesterlaw.org/insidepg/files/negaver.htm

That site seems to be good but you have to pay to get in, the above are just examples that are not "ready" to be used I guess, they are like examples of what they have inside.

[scottinalaska]

At 40 to 50 below here in Alaska, if we go to the store, that car never turns off! The pipeline company discovered it was too expensive to restart cold cars during construction in the winter, so it was MO to leave them on pretty much ALL winter, and most definitely any diesel rigs!

Now here is my most recent offense I am fighting: Driving with an expired DL is termed:
"A Special Class Misdemeanor being contray to an in violation of AS 28.15.011(b) and against the peace and dignity of the State of Alaska."
Hmmm, now who defines what dignity is? I am sure you have some other questions too!
scottinyou know where

[Livefire]

Scott,

I would suggest you check out Ralph Kermit Winterrowd's stuff at www.jusbelli.com His research indicates Alaska statutes are completely color of law.