How to Fight a Parking Ticket in Morris Plains, NJ

The no-parking sign was absent, missing from the block, obstructed by a tree or another sign, or so faded as to be illegible at the time of the violation.

Legal basis:

A motorist cannot be held responsible for violating a regulation that was not properly posted. Signage must be installed and maintained according to the Manual on Uniform Traffic Control Devices (MUTCD).

Required evidence:

• Photograph of the sign (or lack thereof) taken on or near the violation date
• Wide-angle photo showing the full block face
• Timestamp metadata from the photo

The parking meter was visibly broken, displayed an error, accepted payment but failed to register it, or was not functioning at the time the vehicle was parked.

Legal basis:

Vehicle operators are not required to seek alternative parking when a meter malfunctions. The city bears responsibility for maintaining meter equipment.

Required evidence:

• Photograph of the meter display showing the error or malfunction
• Receipt or bank statement showing payment attempt if applicable
• Timestamp from the photograph

Two or more signs on the block face or pole provided contradictory parking rules, making it impossible to determine the lawful parking restriction.

Legal basis:

Contradictory signs create an ambiguity that must be resolved in the motorist's favor. Enforcement cannot stand when the regulation is unclear.

Required evidence:

• Photograph clearly showing both conflicting signs in the same frame
• Photograph showing the distance between the signs

The ticket contains a material error in the vehicle description — wrong license plate number, incorrect state, wrong vehicle make, model, or color.

Legal basis:

A ticket with a materially incorrect vehicle description is legally defective. The issuing officer must accurately identify the vehicle for the citation to be valid.

Required evidence:

• Copy of vehicle registration showing correct plate and description
• Photograph of the vehicle's actual license plate

The vehicle was parked in violation because of an unforeseen medical emergency affecting the driver or a passenger that required immediate attention.

Legal basis:

Most municipal codes recognize medical necessity as an affirmative defense to a parking violation. The emergency must be genuine and documented.

Required evidence:

• Hospital or emergency room discharge paperwork showing date and time
• Doctor's note or urgent care visit documentation
• Any emergency services record

The parking restriction was not properly posted under NJSA 39:4-8, or the summons omitted required identifying information under NJSA 39:4-139.

Legal basis:

NJSA 39:4-8 requires local authorities to erect traffic control devices before parking restrictions are enforceable. NJSA 39:4-139 specifies required content for parking summonses; material omissions may support dismissal.

Required evidence:

• Photograph of the sign or its absence at the cited location
• Copy of the summons showing the deficiency

New Jersey requires only 10 feet of clearance from a fire hydrant (NJSA 39:4-138(d)), not 15 feet as in some other states. If the officer's estimate of distance was incorrect or the measurement was taken improperly, the citation may be invalid.

Legal basis:

NJSA 39:4-138(d) establishes a 10-foot clearance requirement. If the evidence shows the vehicle was parked more than 10 feet from the hydrant, the citation must be dismissed.

Required evidence:

• Photograph showing the vehicle's position relative to the hydrant with a measuring reference
• Copy of NJSA 39:4-138(d) confirming the 10-foot requirement
• Officer's notes or diagram from the citation if available

If a valid residential parking permit was displayed in the vehicle's windshield or in the position required by the Borough's permit regulations at the time of the citation, the ticket was issued in error.

Legal basis:

Morris Plains Code § 200-12 requires a valid permit to be displayed. A citation issued when a valid permit was properly displayed constitutes officer error and must be dismissed.

Required evidence:

• Copy or photograph of the valid permit showing the permit number and expiration date
• Photograph showing the permit displayed in the vehicle at the required location
• Borough permit records confirming the permit was valid on the violation date