Moving violation in parking lot?

Question

I was backing out of a parking spot and slightly bumped another car on the way out. I got a ticket for "improper backing" which is a city ordinance. The actual ordinace says

"The driver of a vehicle shall not back the same unless such movement can be made with
safety and without interfering with other traffic."

Since there it was in a private parking lot and traffic is defined as vehicles on a roadway, could i fight this?

and the other car was parked and unoccupied

The fact that it was it was in a private parking lot is important. This lwas was in the highway driving ordinaces

Answer 1

If you post the entire ordinance I can tell you if you have a case.

In Ohio there are only specific offenses that you can be ticketed for in private lots. That isn't one of them. Post the ordinance or send me a message and I'll let you know if you have a good case.

If it is in Ohio I think you very well may.

Answer 2

The owner of the parking lot probably has agreed with the police to ticket people breaking the law.

That is probably why they could do it.

However, did you do any damage to the other car? If not, then a warning is all that is needed. Cops seem to overstep the bounds of common decency on a regular bases and I'm not sure if its the cops fault, but rather the pressure to increase the city coffers. Fines are another way to bleed the middle class. A rich person wouldn't think twice about a $200 ticket, but a middle class or poor person would.

I believe there is one country in Europe that places fines based on income. Bill Gates could thus pay a million dollar fine for running a red light.

Peace

Jim

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Answer 3

You could always take the time to fight it in court, but you will lose and here is why:

Eventhough the parking lot is private property, it is still within the city limits, and therefor covered by all city ordinances. Regardless of the definition of the term "traffic" in the ordinances you did "improperly back" and caused damage to another vehicle.

Another way to explain this is... if you were peeling tires, and driving 90mph through that same parking lot you could still be cited for Recklass Operation of a Motor Vehicle, eventhough the offence occurred on private property, right? The same set of circumstances apply here.

Answer 4

you can fight any ticket it is your right, your question should be can I beat this ticket.

The answer is no. It doesnt matter if you are on a road or in a private parking lot. When you operate a vehicle you are under the laws pertaining to driving.

Under your reasoning if I got drunk and got behind the wheel and drove onto a golf course and was pulled over while on the golf course they wouldnt be able to charge me with a DUI.

Sorry but you have to eat this one

ADDITION: it still doesnt make a difference the district attorney will just admend the charge. They review all charges prior to taking them to court and they are allowed to change the charge to fit the violation at any time. The ticket is not the official charge the States attorney is the one who actually files the offical charge with the court. Police Officers are not attorneys and are not expected to be for this reason they get the charge they think fits the violation, but ultimatley the DA and states attorney are the one's who are the experts and make the determination of what the exact charge is

Answer 5

I think the key phrase there is "city ordinance". Your definition of traffic is probably from the state statutes. State laws for traffic refer to public ways, however, a city ordinance can apply to any property within the city limits. If this parking lot is indeed private, and is posted such, you may have an argument. If it is open to the public, such as a mall, you are our of luck.

Answer 6

A "moving violation" is a general term used to describe any number of things you could do wrong on the road or where vehicles are present whether you're the driver of a vehicle or even a pedestrian. What laws it covers depends on the state. In California, for example, a pedestrian could get a moving violation for jaywalking.

Answer 7

you are techically in the wrong. however if you file a claim with your insurance company (or if the damage is minimal pay out of pocket) and keep the records either from your insurance company or from the bodyshop. this is a pretty small ticket so the odds are the officer will probably not even show up to court. And as long as it looks like you made right of the situation, the judge should either drop or reduce your ticket.

Answer 8

Take care of the other persons car Make sure it private property an go to court and fight the hell out of this one. I think that the only time you would be breaking the law is to park in a handicap parking space or blocking a handicap parking spot. I worked for a large taxicab company and did a lot of accident reports, I could not ever get a cop to come to the scene of the accident unless some one got seriously injured . go for the gusto you will beat this one. do not give them your hard earned money. i say settle with the other party involved and that should be THE END

Answer 9

Turn the claim into your insurance company. Once they have paid the other driver for the damage to his car- your insurance company will be able to give you a letter to take to court. The letter will say that they settled with the other driver for his property damage. A lot of times, the ticket will get dropped if you provide proof that your insurance company paid the guy for his damage.

Answer 10

Probably not. Even if traffic is defined as vehicles on a roadway, the path in between rows of parking spaces is a "roadway". It doesn't say only public roadways.