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Court scraps prolonged parking ticket dispute

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Sarah Brown, a former University student, received closure on an experience she hopes never to go through again after more than two months passing since she found her car towed.

The $250 ticket Brown received after parking in a handicapped parking zone in early February was dismissed in court on April 5, after the prosecution decided not to follow through on the charges.

Recent University graduate Brown said she is glad the incident, where she unexpectedly found her car missing one night, concluded.

"I am happy that it got dismissed, but I'm still kind of offended that it even had to get to this point," she said.

Sarah Brown suffers from a back condition, requiring her to use crutches and take medicine.  The state issued Brown a handicap license and placard, which was why she felt she could park in the zone.

Brown's father and lawyer, Robert Brown, said the city of New Brunswick charged his daughter with the wrong statute, which caused problems for the prosecution.

"We filed a motion to dismiss, and basically what we said was the statute that was written was for a restricted parking space, not a restricted parking zone," he said. "So basically, what they did was charged her with parking in handicap space, not a handicap parking zone."

Robert Brown said he is happy his daughter did not have to pay the ticket and is relieved to have an end to the situation.

"I felt like we were going to have all these hurdles to jump over. I was fully prepared to argue and then it came to a reasonable ending," he said. "The prosecution and the judge agreed to drop the charges [and] we didn't have to pay a penny."

New Brunswick City Spokesman Bill Bray could not be reached for a comment at press time.

Although Sarah Brown did not have to pay the $250 fine, she still feels there is a problem with how the signs are presented to drivers.

"The sign just had a little, tiny placard under the giant handicap sign that says permit number and then it has some weird letters and numbers," she said. "So I think the sign is definitely an issue. If it had said it was only for the resident, I wouldn't have parked there."

Robert Brown said this is the exact reason why State Assembly members Joan Quigley, of Hudson County, and John Wisniewski, of Middlesex County, created legislation so Sarah's situation can be avoided in the future.

"The signs are unclear, and that is why Quigley and Wisniewski introduced legislation to make it more clear on signs. This way you would know that this is a zone that belongs to a house," he said. "Their bill will tell people exactly where they can park and where they can't park."

Quigley said there is a problem with how handicapped zone signs are displayed to drivers.

"The signs are very confusing, and I don't think it is fair. I think the state needs to step in and offer guidance," she said.

The problems with handicap parking zones seem to reach farther than the New Brunswick city limits. Quigley said Jersey City had to declare a moratorium on handicapped zones because it was getting out of control.

Vincent Marchese, a resident of Paterson, said his father is approaching 95 years old and because of advanced glaucoma and cancer, needs a handicapped zone outside his home.

"However, it does us little good as almost everyone with a handicapped vehicle, and those without it, use his space for their own personal parking," he said via e-mail correspondence. "It is rarely available when he needs it, [and] this places him in a very dangerous predicament."

Marchese said there should be a transformation on how the sign is labeled, because it does not clearly signify what the handicapped zone is meant for.

"I would clearly indicate on the sign that the space is for residential use only or, more specifically, the home it is associated with," he said. "Furthermore, like my friend who has a sign posted in front of his home in Elmwood Park, the numbers on the sign and placard must match."

He also said access to handicapped parking zones in Paterson is too lenient, which was the reason why Jersey City declared the moratorium.

"I would safely venture a guess that at least half the placards dangling from rear view mirrors in Paterson are bogus," he said. "I do feel the examination should be much more rigorous and by several independent agencies."

The bill Quigley and Wisniewski constructed would require a handicap parking zone sign to clearly indicate the zone is for the resident only.

"Any new signs that are erected [if the bill passes] will have to be in conformity with the bill," she said in a Feb. 22 article in The Daily Targum. "However, we cannot require municipalities to change their existing signs."

Robert Brown said with Gov. Chris Christie's recent budget cuts, Quigley and Wisniewski's legislation has been put on the backburner.

"So once the budget is taken care of in May or June, then they'll move on to other issues," he said. "Right now, the legislation is taking in the back seat and let's just see what happens."



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