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!
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!