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No seat-belt in a parking lot = ticket?

Discussion in 'Donut Shop' started by NinoAvila, Dec 22, 2007.

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  1. NinoAvila

    NinoAvila Who's awesome....YOU ARE! Established Member

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    I live in Texas (Hidalgo County) and I was wondering - can a person get a ticket in a parking lot for no seat-belt? I have a bad habit of not putting on my seat-belt until I'm about to roll onto the road when coming out of strip-malls or those big department store parking lots.

    Yes, it's bad. I know - I'm tryin to change it :(

    My girlfriend was getting after me and she said "one of these days you're gonna get a ticket and THEN you'll be saying how you should have listened to me!"
    So - it got me thinking...

    Texas LEO's - what's the word?

    -N
     
  2. AntiHeightPunk

    AntiHeightPunk New Member Established Member

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    i heard some stupid law that cops cant give out tickets in parking lots in FL which i doubt is true...but maybe their is some truth to it?
     
  3. nomansland

    nomansland New Member Established Member

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    private property = no tickets. just like those stop sign in a parking lot. you can't get a ticket if you don't stop. unless you cause a accident.
     
  4. oldmodman

    oldmodman Well-Known Member Established Member

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    Let's wait for Adam's response on this one.

    I have seen several people get stopped for blowing through stop signs in an industrial park parking lot in Santa Monica, Ca.

    The complex is owned by the city, maybe that's why tickets can be given out there. It's "public" property.
     
  5. VirtualSVT

    VirtualSVT lolololololololololol Established Member

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    Pretty sure they can enforce it even though its Private Property because it connects to a public street or something like that.
     
  6. Common

    Common Active Member Established Member

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    :lol:
    Wrong. Thank you for playing though.
     
  7. FordSVTFan

    FordSVTFan Oh, the humanity of it all. Established Member

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    If it is private lot and the owner allows the police to patrol it and issue tickets, that is permissible. If it is a private lot, without permission, the officer can write a summons for any criminal charge (such as reckless). There are some lots that appear private but are actually public as the thruways have been deeded to the city and the stop signs are in an ordinance, thus enforceable.
     
  8. Iceman II

    Iceman II Right Behind You! Established Member

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    Answer, no. In Texas there are very few violations that can be enforced on private property. DWI, Reckless Driving, Assault with a Motor Vehicle, parking in a Handicap Zone to name a few. Stop signs when they are adjacent to a public roadway can be enforced.
     
  9. Tom's_03SVT

    Tom's_03SVT Well-Known Member Established Member

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    I know here in CA seat belt tickets became a primary offense in the last couple of years. Which means until recently you couldnt be pulled over for not wearing a seat belt. However, if you were pulled over something else you could be cited for it as a secondary offense....maybe TX is the same way, look in to it. The internet is your friend.
     
    Last edited: Dec 23, 2007
  10. Iceman II

    Iceman II Right Behind You! Established Member

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    The seatbelt law in Texas has been around for almost twenty years and it is a primary law so to speak. I know in a few states it is a secondary law, which I think is rediculous. State Trooper policy is no warnings are given (click it or ticket). However, there are a few exemptions. I worked crash last night in which the driver was not wearing his seatbelt. He was ejected with the flat tire rim landing in the lower left leg.
     
  11. RDJ

    RDJ ZERO shits given Established Member

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    :lol: Gotta love the way you put that ... "landing IN the lower left leg" give him something to remind his stupid ass that he needs to buckle up.
     
  12. TheFleshRocket

    TheFleshRocket Likes to drive sideways. Established Member

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    If it's the stop sign where the private road connects to the public road, then yes, that's typically a public stop sign and you can be cited for blowing it. The stop signs well within a mall parking lot or other private property, for example, which do not connect directly to a main road, are a different matter. At most, mall security might try to pull you over and give you a talking to, but that's about the worst they can do short of banning you from the property.

    So, if you want to coast through mall stop signs when there's no traffic around, you can do that without risking a ticket. But when pulling up at the stop sign to pull out onto a public road, make sure you come to a complete stop.
     
  13. TheFleshRocket

    TheFleshRocket Likes to drive sideways. Established Member

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    That doesn't make sense. How can a cop write a ticket for violating a minor traffic law on private property? Malls, for example, generally don't hire traffic engineers to do road surveys to determine the 85th percentile, to scientifically determine reasonable speed limits. Same goes for the design of the roads or placement of stop signs on mall property. Architects or contractors likely make those decisions, but not state traffic engineers.

    By your logic, I could arbitrarily put a stop sign halfway up my driveway, then ask the cops to patrol it and write tickets to anyone who disobeys it. No way that would hold up in a court of law.
     
  14. midtex01gt

    midtex01gt New Member Established Member

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    When a buddy of mine was hit and run the cops just came and wrote tickets for the insurance and didn't even pursue the other party because it was on "private property" in the wal mart parking lot.....
     
  15. FordSVTFan

    FordSVTFan Oh, the humanity of it all. Established Member

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    Is that what you really think happens? There are certain spots where stop signs are mandated and the same goes for speed signs that fit the statutory definition. For example, in a residential district unless others noted the speed limit is 25 mph, no study needed. When exiting a parking lot onto a roadway, there is a mandatory stop unless their is a designated turning lane, thus no need for any study. Studies are rarely conducted before signage is placed as it is mostly statutory. If the private land owner allows the municipality to pass ordinances effecting its operation, then it is enforceable. Sorry, this simple concept doesnt make sense to you. :shrug:

    Your driveway is not a point of public access as a mall parking lot is. But since you didnt understand the first concept, I have no doubt that you wouldnt understand this either. There is nothing arbitrary about it.

    And you obviously missed this portion of my statement, sorry to confuse you with actual facts.

     
  16. WVFord

    WVFord New Member Established Member

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    If there is a stop sign----------STOP
     
  17. TheFleshRocket

    TheFleshRocket Likes to drive sideways. Established Member

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    You've mentioned speed limits in residential districts, which are public roads. Obviously not every road, public or private, needs a traffic survey to have a speed limit assigned. And of course you'd hone in on the traffic engineer comment and overlook my real point, which is that speed limits and stop signs on private property are placed there by private parties and not government entities, meaning that they are generally not enforceable by the police.

    Just to clarify, so you don't go putting more words in my mouth, I realize that some traffic law violations (such as if a violation lead to an accident or injury) and practically all criminal offenses can be prosecuted even if they occur on private property. But not so for coasting through a private property stop sign or exceeding a mall parking lot speed limit, with the possible exception of if those actions resulted in accident or injury.

    Moreover, I've already stated that stop signs where private property intersects public roads are generally considered enforceable, but you must have missed that. How about you keep the condscending attitude in check, buddy?
     
  18. FordSVTFan

    FordSVTFan Oh, the humanity of it all. Established Member

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    You made the traffic engineer comment paramount by its placement and your reliance on it. So I honed in on it, while still addressing all of your inaccuracies. Like I stated traffic studies are rarely done, as most statutues cover the placement of traffic signs and speed limit signs.

    I will type slowly for you, when stop signs are placed on private property by ordinance (as I have stated three times now), they are lawful and enforceable. Thus, when the police write violations for such, they are doing so lawfully. What part of this concept do you find so difficult to understand?

    Wrong again. Accidents without injury on private property are not a police matter. ALL Criminal offenses are enforceable on private property.

    Again, those signs placed by ordinance are enforceable. So, if you go coasting through one and it is observed by L.E. a summons can be written.

    The purpose of this section is provide accurate answers for members, not supposition by members who think they know. You are spouting off "your understanding" without any actual knowledge and that is not helpful. Even when corrected you restate and change your position to include the facts I brought up, but still hold firm to your inaccuracies as fact when they are not.

    How about you keeping your inaccurate statements of fact in check, as you are likely to get someone a ticket for following your WRONG advice.
     
  19. FordSVTFan

    FordSVTFan Oh, the humanity of it all. Established Member

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    Best Thread Advice. :beer:
     
  20. k_kenley

    k_kenley Member Established Member

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    I have a question that sort of relates to this thread. If you're at a stop light and take off your seat belt to do something in your car, and put it on before you start moving again, is that citable? Or does seat belt laws only apply if you're in motion? Thanks.
     
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