Harassment, Stalking, Misconduct Petty Disorderly: Smoking In Public

Hello!

Last week a friend and I were cited tickets for smoking in public at the Secaucus Junction Train Station, Secaucus NJ.

I have phoned the court and the cost of the ticket is $185.

I'll provide some additional information for those of you giving advice, PLEASE NOTE: we were both cited in violation of C.O. 141-5(a), below I have taken the exact section from the Town Code of Secaucus (which I got off the town clerks website), and the section of the code that is in question.

§ 141-5. Prohibition of smoking in places accessible to the general public.
Smoking shall be prohibited in the following public places and other public places similarly situated, including, but not limited to, the following areas:

A. All enclosed areas available to and customarily used by the general public and all areas of business establishments generally accessible to the public, including, but not limited to, the public area of retail stores, banks, movie theatres, and other offices or workplaces.

Here is the section in question from the same chapter of the code:

§ 141-16. Penalties.
Any person who violates any provision of this chapter shall be subject to a citation and;

A. Upon the first violation shall be guilty of an infraction and, upon conviction, shall be subject to a fine not to exceed fifty dollars ($50.);

As you can see, the $185 ticket price far exceeds the legal maximum of $50. Being that I was cited for a violation of this code, and NOT for the New Jersey Penal Law that lists the state maximum of $200, what can I do?

I would like to know, is this grounds for a reduction or dismissal of my ticket? If so, how do I go about it; do I wait until my court day to use it as defense with the judge? Can I inform the court before hand - or anyone (like the D.A., county clerk) who can do something about it?

I have not entered a plea yet, but I am assuming if I want to use this as my defense I will have to plea not guilty. If anyone out there has any information or insight - it would be greatly appreciated!

Oh - also note, this and all New Jersey state laws I referenced pertain exclusively to TOBACCO, in our specific case, tobaccao cigarettes, nothing else.

What police agency cited you?

If the agency was one other than the town police, you were probably cited under state law and not town ordinance.

Even the town cops could cite you under state law, if they wanted to send you a message.

Local cops can charge people with city ordinances, all the way up to federal statute.

Call the court and ask.

Remember, even though the fine might be "X", by the time court costs and fees are added on, the total is always much higher.

Again, call the clerk and ask if it was city or state, and ask what amounts make up the $185.

Thank you!

It appears that I was cited by the New Jersey Transit Police Department, which operates with state-wide jurisdiction. (I am assuming this is why I am subject to state fines, even when I was cited with a town ordinance)

I was also unaware of the court fees - I will have to find a number for the court clerk and ask for a breakdown.

I appreciate the help, at least I now have some justification as to why the cost of the ticket is in such excess.

That is all it is... court fees. This is normal. The fine is relatively low, but the associated court fees can triple it real fast.

I have a question about this. My brother was also cited in Australia - Adelaide, Mawson Lakes and he failed to pay the fee for a month now. I told him he should settle it as soon as possible as he might get other penalties. Is there any legal matter that he should worry about beside the penalties?

Probably, but Australia has different laws...