How do I challenge a statute after I have plead guilty when the officer sited the wrong statute?

Question

I recently received a parking ticket in Jefferson NJ. I had momentarily parked in a fire zone. The officer wrote the description of the offense as parking in a fire zone. So I paid the $33 ticket. I recently received a notice from the court that the statute fee is $54.00. Upon further inspection I discovered that the officer wrote down a different statute than what he described on the ticket. The statute is parking in a no parking area determined by the highway department. I looked up the regulations of the highway department no parking areas and the place where I received the ticket is not an area regulated by the state highway department. I have pled guilty to parking in a fire zone and already paid, but now they want more money for something that isn't even legitimate. I would have went to court, but I read the description of the charge and agreed with it, however, the statute was different than the description. Can I refuse to pay on the grounds that the statute was not only legitimate but also my guilty plea was to parking in a fire zone. What do you advise?

Answer 1

Just pay the fine its only a few bucks more, or would you rather spend $600.00 dollars in hiring a lawyer and court fees totaling $125.00 for a ticket thats probably a no POINTS TICKET. C'mon.

Answer 2

go down to the council/highway department/ticket issuing office/court issuing the statute, and explain this to them and show the details, photo of street signs where you parked, the statute, original fine and anything else which shows it as a fire zone and ask them to rescind the statute. If they don't agree you have to become nasty, as this is the only actions council responds to, and tell them that they'll have more chance drawing blood from a stone, either they'll agree or take you to court, but the judge will adjudicate in your favour as long as you tell him/her that you went to the council and tried to rectify it but they didn't respond, then council will have to pay any legal fees you encounter.

Answer 3

2 choices, eaither pay the diffrence, or go to court, where u may still be ordered to pay the difference

Answer 4

The officer's mistake can be amended, and will not exonerate you from the correct penalty. Apparently, parking in a fire zone is more expensive than the highway department one.

If you challenge it, they officer will testify you were in the fire lane, and the court will assess the appropriate penalty.

Answer 5

You already pled guilty.  You can question the court clerk about the fines, but mistakes happen as to statute numbers, etc.  You cannot refuse to pay or you will have a warrant out for you.  Just call the court clerk.

Answer 6

Contact the clerk at the court or a lawyer.

Answer 7

Try talking to the court clerk to see if you can schedule a time to talk to the judge (this is probably not possible outside of court, but it wouldn't hurt to try).     File a motion with the court to set aside your guilty plea and explain in your motion that it was your understanding that you were entering a guilty plea to .......... as stated on the citation, not to .............. as indicated by the statute listed.  

The officer who wrote the citation could make the amendment or explain to the judge that it was his mistake.    Again, though, you are going to have to go through the proper channels to get that guilty plea withdrawn---the officer has no control over what happens to the ticket since you paid/pled guilty.        

You could try talking to the district attorney to see if he would amend the charge to the one that you thought you were pleading guilty to.  

You will be required to pay for the ticket.     If you don't pay the ticket, the court can issue a warrant for your arrest for not paying.      In some states, our driver's license can be suspended for non-payment of traffic tickets.