I was charged with disobeying police order according to NJ stature 39:4-80. The stature states: "Traffic control by officers. When a traffic or police officer is stationed in a highway for the purpose of directing traffic, he may regulate and control traffic at that point, and all drivers of vehicles shall obey his orders and directions, notwithstanding anything contained in this article." However, at no time was I in my vehicle---I was at home when a police officer knocked on my door and ordered me to move my (legally parked) car. Should the charges be dismissed, based on the fact that I this stature does not apply to my case?
Answered on: 12/15/11, 6:41 am by Robert Davies
If what you say is accurate and complete information then.....
That is....really interesting. I would enjoy fighting this one for you. I think the police officer was out of his mind. You were not driving the car at the time; the officer is just completely wrong. It makes no sense. Did he think he could give a ticket to anyone in the house who happens to live there?
Please, this one is a case that should be tried and decided by the judge. I would enjoy that.
I can help you with this. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
Robert Davies, Esq. 201-820-3460
The Davies Law Firm, P.A.
45 Essex Street, Suite 3 West
Hackensack New Jersey 07601
Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly.
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