Stopped and ticketed. In my driveway.

[nathanralph]

Saturday, August 30:

So I have a large driveway, probably 150ft long from the road and it goes all the way around my house. It's a business-style parking lot driveway, but the business moved out over 5 years ago and it's just a house.

I broke my tires loose in my driveway. Hadn't left my driveway since the day before, and I was on my private property the entire time. I didn't even get within 75 feet of a public roadway.

Cop flies in through my yard onto my driveway and yells "STOP!". Mind you, I am already stopped and in neutral. On my private driveway. I said "This is private property; what are you doing?" and the cop says "I don't care!"

Me: What are you stopping me for? This is my property. I didn't break any laws. I don't understand what you are stopping me for.

Cop: You don't understand? You wanna talk to my supervisor? Hey! He doesn't understand why I stopped him!

Cop2: You don't understand what?

Me: This is private property. I didn't break any laws. Why did you stop me?

Cop2: I don't care if this is private property. Do you have any common sense? There are people out here! (pointing 100 yards away to Madison Ave).

Me: I am on my private property. Those people aren't on my property. This is my driveway.

Cop2: License and registration.

I hand him the license and registration and call my brother who is in the house. "Get the camera out here and take pictures of these cops. They're going to try to ticket me."

10 minutes later the cop comes back up, meanwhile his car is still parked in my yard and I haven't left my driveway for over 12 hours. He hands me a ticket for "unsafe start." On my driveway. On private property. 75 feet from a public roadway.


Since when do traffic cops have jurisdiction on private lots? Better watch out at ORP. They're going to start handing out speeding tickets on the track. Yeah, there's no speed limit but apparently the fact that traffic laws don't apply doesn't matter.

Unsafe start on my driveway. Yeah, I'm hiring lawyer.

UPDATED PICS:

 

[gt347mustang]

****removed by moderator********
Read the rules before you post again.

 

[Common]

Go to court and plead your case.

Good luck.

 

[Blade Runner]

Any Judge worth a flip will toss it....Just retain legal council, you'll be fine...

 

[Black Talon]

Go to court with the pics. You will win.

 

[musclefan21]

just hire a lawyer and laugh at them if you get the ticket dismissed.

 

[FordSVTFan]

That sucks!

Sounds like some BS to me...

Because you dont know anything about the law.

Go to court and plead your case.

Good luck.

He will need good luck, because the charge was lawful

Any Judge worth a flip will toss it....Just retain legal council, you'll be fine...

A judge who simply reads the statute will find him guilty. A lawyer will take the case, not because what the officer did was wrong, but because he will mitigate it down.

Go to court with the pics. You will win.

He will seal his fate.

just hire a lawyer and laugh at them if you get the ticket dismissed.

You are not correct.

The OP was recklessly operating his vehicle. That is a criminal charge and not a civil charge. Criminal activity can be enforced ANYWHERE. Private property or not. Just like if he decided to drive drunk in his long driveway or if he decided to assault a person who was standing on his front lawn.

A civil charge cannot be prosecuted on private property, without the property owners permission.

So, to all of you who said this is BS and he will win in court, you should brush up on your criminal law.

I agree the OP should get a lawyer, as a decent attorney will be able to make an argument for mitigation and get the fine and charge reduced.

 

[nathanralph]

Because you dont know anything about the law.



He will need good luck, because the charge was lawful



A judge who simply reads the statute will find him guilty. A lawyer will take the case, not because what the officer did was wrong, but because he will mitigate it down.



He will seal his fate.



You are not correct.

The OP was recklessly operating his vehicle. That is a criminal charge and not a civil charge. Criminal activity can be enforced ANYWHERE. Private property or not. Just like if he decided to drive drunk in his long driveway or if he decided to assault a person who was standing on his front lawn.

A civil charge cannot be prosecuted on private property, without the property owners permission.

So, to all of you who said this is BS and he will win in court, you should brush up on your criminal law.

I agree the OP should get a lawyer, as a decent attorney will be able to make an argument for mitigation and get the fine and charge reduced.

Exactly how is it that I am reckless and the local drag racing track is not?

Either way it is private property not under public traffic laws.

Burning out on my private property is no more ticketable than is 4wheeling on my private property.

I can drive a 4wheeler on my private property, but not on a public street because on my private property public traffic laws do not apply.

All tracks would be illegal, all racing would be illegal. No, there's not a speed limit because it's private property, but if local traffic cops can start pulling over NASCAR because they have jurisdiction on private property as you suggest, there are a lot more people going to be pulled over.

It's PRIVATE PROPERTY, NOT open to the public and local traffic laws don't apply to private property.

 

[FordSVTFan]

Exactly how is it that I am reckless and the local drag racing track is not?

Do you have emergency personnel standing by? Was your driveway supported and paved in accordance with NHRA standards? Is your driveway licensed as a race track?

Either way it is private property not under public traffic laws.

Civil Traffic Law, no. But Criminal Traffic Laws, yes.

Burning out on my private property is no more ticketable than is 4wheeling on my private property.

Obviously you have the answer you want. But the law as written doesnt agree with you.

All tracks would be illegal, all racing would be illegal. No, there's not a speed limit because it's private property, but if local traffic cops can start pulling over NASCAR because they have jurisdiction on private property as you suggest, there are a lot more people going to be pulled over.

I will say it for the fifth time, criminal code violations are enforceable ANYWHERE, even on private property.

A race track sanctioned by the state/local govt and meeting the appropriate statutory section would be exempt.

It's PRIVATE PROPERTY, NOT open to the public and local traffic laws don't apply to private property.

Again, civil traffic laws would only apply with the permission of the private property owner. Criminal violations are enforceable anywhere.

 

[nathanralph]

I was ticketed for "unsafe start" under IC 9-21-8-23

Starting a vehicle that is stopped, standing, or parked
Sec. 23. A person may not start a vehicle that is stopped, standing, or parked until the movement can be made with reasonable safety.
As added by P.L.2-1991, SEC.9.

http://www.in.gov/legislative/ic/code/title9/ar21/ch8.html

It's not a criminal charge regardless.

 

[Common]

He will need good luck, because the charge was lawful

I didn't say it wasn't but I dont see this being unbeatable in court, esp if it's his first offense, which might be amended to something that carries no points.

ps. It's a criminal traffic violation?.....

 

[Black Talon]

BS ticket

 

[cuban]

see if you can get the cops to pay for the damage they caused to your yard? if there was any i know sod isnt cheap. thats what my parents did when the cops were chasing some people running through their yard out in the sticks. but getting a lawyer is a good idea i think the key word is "RESONABLE" and depending on the judge you may be sol.

 

[Evil Bender]

BS ticket ,Lawyer up.

 

[TwinTurbo4vGT]

ps. It's a criminal traffic violation?.....

its not considered a traffic violation. Private property isnt sanctioned under traffic laws, otherwise it wouldnt be considered private property. I say get a lawyer and they will dismiss this. Next time tell them if they want to give you a ticket on your property to get a warrant first.

 

[99lightning_svt]

I used to do burn outs on the scales not 30 feet from the highway!
The cops didnt care! They would just drive on by.

 

[mswaim]

its not considered a traffic violation. Private property isnt sanctioned under traffic laws, otherwise it wouldnt be considered private property. I say get a lawyer and they will dismiss this. Next time tell them if they want to give you a ticket on your property to get a warrant first.

Warrant is not required. Those of you who continue to post your legal opinions really need to crack a book or two (or three - really thick ones) before doing so. So far, their (your posts) only value has been to entertain those of us who DO know. :beer:

 

[97cobra1]

Warrant is not required. Those of you who continue to post your legal opinions really need to crack a book or two (or three - really thick ones) before doing so. So far, their (your posts) only value has been to entertain those of us who DO know. :beer:

Hmm, well maybe those who do know should chime in instead of boasting about their knowledge?oke:

 

[Juruense]

I do not know about the legality of it all but getting a ticket in such a situation SUCKS!

 

[nathanralph]

ps. It's a criminal traffic violation?.....

It's not a criminal violation or even a civil violation because it's on private property anyway.