New Jersey  |  Traffic Law

Legal Question

Asked on: 4/22/13, 6:31 pm

Hello,

I was down in Cape May NJ over the winter and happened to be driving around looking as some new houses that were under construction on the North end of the island. I started to drive down an unmarked and unpaved driveway between two houses. After driving about 300 feet, I realized that the driveway was in fact a beach access route. I began to turn around and got stuck in the sand. After several minutes of trying to get free, a Cape May police officer arrived. He called a towing company and issued me a citation for “driving on the beach”. I am scheduled for a hearing on May 1. In doing a little bit of research, it seems that “driving on the beach” is a municipal offense, and not a state regulation. I have found the Cape May municipal ordinance online, but there is little detailed information supporting the regulation. My question is, where can I find out what the requirements are for posting the regulation, or for posting that the driveway was in fact a beach access, and no vehicles were permitted. There were no signs indicating that access was limited or that it was a beach access route. Is there some sort of an overriding state regulation that guides the posting of municipal regulations and ordinances? Thanks for your help.

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