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I was ticketed for parking in a spot where police routinely, and over the course of 30 yrs., don't ticket people who visit the synagogues that are 2 houses up the street. That spot is next to my driveway, I have lived here for over 30 yrs. and seen cars parked on hundreds of occasions. I went to court, judge tells it's selective enforcement, but did not drop charges. I'm wondering if I have a case against the township. Please advise. 856-264-9222. thanks.
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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Selective enforcement is term that is often misconstrued. If there was racial or discriminatory motivation in enforcing this law selectively, there is voluminous case law, as well as the 14th Amendment of our Federal Constitution, which prohibits such actions. If the Judge was merely saying that you were selected for the violation when others have been able to evade the same by luck or design, there is no defense. This is comparable to a speeding ticket, where the driver says he was keeping pace with traffic and that everyone else was also speeding. The fact that other people break the law is no defense for any particular individual to do the same.
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Regards,
Edward J. Dimon, Esq.
Answered on Jul 29th, 2013 at 11:22 AM