for a police officer to give a citation for a moving violation on private property? I had heard that there was some statute against it but is it true?
2007-01-03 07:16:26 · 9 answers · asked by ambient73 3 in Politics & Government ➔ Law Enforcement & Police
LOL
sarge, I don't know why you assume I'm running a meth lab and running other motorists of the road but I'm just asking this rhetorically, as I have had friends both be cited AND have the citation dropped in court.
2007-01-03 07:49:15 · update #1
As folks have said, it varies by jurisdiction, but chances are, if the cop wrote it, it's going to stand up in court. Best thing is to go talk to the prosecutor and try to get it reduced to a non-moving violation so it won't affect your insurance. The way you get him to reduce it is to convince him that he will end up wasting a lot of time on your case if he doesn't. Most people just hire a lawyer to do this bit for them, but if you can make him believe that you have all the time in the world and know how to drag it out, he'll cave. You won't beat it completely, but you will save yourself some money and grief.
Best first step is to attend a session of traffic court and see how things are handled in your jurisdiction.
Everyone should fight every traffic ticket to the fullest possible extent. Maybe then a ticket would cease to be an easy means of generating revenue and become what it should be: a way to discourage people from driving dangerously.
2007-01-03 07:35:14 · answer #1 · answered by Scot D 2 · 0⤊ 1⤋
You heard wrong, my friend. Police officers can cite you for a moving violation that occurred anywhere, including on private property. See, there is no right to drive -- that's why everyone who drives must have a 'license.' You probably didn't know it but when you signed for your license you agreed to a lot of things, including that you would obey ALL rules of the road regardless of where you are. The Constitution does NOT give you the right to drive your car at 80 MPH on your own private property just because it's your property. The law doesn't stop at your property line -- just like you can't cook crystal meth in your house, you can't violate the rules of the road on private property.
2007-01-03 15:33:39 · answer #2 · answered by sarge927 7 · 0⤊ 1⤋
It depends on the state AND whether the owners of the private property [say a condo development] have granted police access. Technically police can cite a driver WHENEVER and wherever they are operating a vehicle.
2007-01-03 15:21:19 · answer #3 · answered by sage seeker 7 · 0⤊ 0⤋
It depends on what you mean. did the violation occur on private property or did it occur on public property and you simply got the ticket while you were on private property?
If you were in your backyard or on your own driveway, and you were doing burnouts or something of that nature, no they can't give you a ticket. However if you were speeding and then you parked in your driveway, of course the officer can still ticket you.
2007-01-03 15:20:02 · answer #4 · answered by Louis G 6 · 0⤊ 0⤋
I do believe it is legal...especially if the property owner has asked for it to be done. It does vary from state to state.
2007-01-03 15:20:26 · answer #5 · answered by yidlmama 5 · 0⤊ 0⤋
In some areas, I heard that this is legal, but in other areas ,no. Check with the authorities in the areas you are interested in obtaining info.
2007-01-03 20:35:39 · answer #6 · answered by WC 7 · 0⤊ 0⤋
yes , not in all states
2007-01-03 15:18:19 · answer #7 · answered by Anonymous · 0⤊ 0⤋
depends on the state your in!!
2007-01-03 15:26:13 · answer #8 · answered by her2lowerlips 1 · 0⤊ 1⤋
YEAH!
2007-01-03 15:18:21 · answer #9 · answered by Ash! 1 · 0⤊ 0⤋