Definiton of "Parked" in NJ USA?

Question

my son was 16. He had his special permit. I was with him in passenger seat. He pulled into a "handicap" parking spot to let off his friend at a store. There was no other spots and no other way to turn around to get out of the lot. We were not even waiting for the boy. My son put the car in reverse, slammed on the breaks, since a local township police officer had just pulled behind us and blocked the path. He was nasty as could be, and said we were parked in a handicap spot, and was giving my son a ticket which he did. $100.00 at the time. I said nicely that I was the mom and that we weren't parked but only dropped off a boy and were pulling right out. He yelled and said you're getting a ticket too! I didn't. Court date, and the judge said guilty and fined us. I always felt this was not fair at all. The car was there for no more than 1 min. before my son started to back out. What is the opinion of others on this matter? Would you say the car was parked? What is the legal definition?

Answer 1

This is the Wisconsin definition of parked, I realize you are in NJ, but it should be similar:

"Park or parking" means the halting of a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers.

However, here is the definition of handicapped parking violations:

no person may park, stop or leave standing any vehicle, whether attended or unattended and whether temporarily or otherwise, upon any portion of a street, highway or parking facility reserved, by official traffic signs indicating the restriction, for vehicles displaying special registration plates

Unfortunately, there is no definition of "discretion" in the lawbooks, that is up to the officer. I would not be surprised if most officers gave you a warning for this.

Answer 2

If your story is not embellished, I say that the officer seemed a bit 'hot'.
I would also say that your son 'took a risk' to pull into a handicap space to conduct the business of dropping off his friend. If you were just dropping the kid off, why did you pull into a PARKING space? You say you were there for less than a minute. Still, the space is there for handicap users only. Also, I find it difficult to believe that there was "NO other way to turn around to get out of the lot". If I was the cop I probably woudn't give a ticket for the circumstances you describe, but "hey"....

Answer 3

My sister and I actually talked about this. She let my other sister out at Wal-mart and she drove around to the side in the fire zone. She said that if your foot is off the break pedal you are considered parked. So you have to stay in drive with the break on. I'm not sure if this is correct or not. I always thought if someone was in the car your not parked but i've never ask a cop that question before. This is in Louisiana, by the way.

Answer 4

You are teaching your kid bad habits. Those spots are for people who need them not because your son's friend is to lazy to walk from the back of the parking lot. Not only should your son have gotten the ticket but you should have gotten one as well for letting him do it.

Answer 5

Sucks that you got busted. But you are not to get sympathy for this. You knew that handicap spots are only for the disabled. If you use them for your personal use, even for a minute, then you run the risk of getting caught.

Answer 6

i kno how u feel i live in NJ and it is CRAZY especially police officer they will not take a chance on u ......no not at all.......although u got the ticket u hav no choice but to pay it.....but my advise to u before u do so go to the person u put all ur trust in ask for guidence in other words ur higher.

Answer 7

Stopped, standing, or parked. He did not belong in a handicapped parking space for any amount of time.

Answer 8

if he was in a parking space, and the vehicle had stopped moving, he was parked.