So is it a criminal offense if I do a burnout with my four wheeler, dirtbike, lawn mower, or go-kart in my yard? I did have a riding mower that was kinda messed up. When you put it in gear I would burn the tires for about 10 feet.
Stopped and ticketed. In my driveway.
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Legal or not, that really blows. Good luck with the ticket! I always thought it was perfectly fine to do whatever you want on private property - obviously within common sense (although I know that's an opinion, I'm sure you all know what I mean.)
There are two Indiana statutes that pertain to "unsafe start." One is a misdemeanor, similar to reckless and the other isnt. I dont know which he was written under, but for the officer to write on private property without the owners permission, it would have to be the criminal charge.
That we can agree on.
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wife works for a law firm and one of the partners is now the superior court judge here in my county. says it is bs and you shouldnt even need an attorney but that is just his opinion and it is in georgia. and for all of those going to hate on this info i just called him and talked to him about it amongst the stuff we were shooting the doo-doo about!!
FordSVTFan said:
This is the local ordinance on the ticket:
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.
That said, I don't even have to have a registered, plated vehicle to drive on my property. I don't even have to have a driver's license to drive on my property (think farm vehicles).
This is because the traffic laws do not apply to private property.
Some traffic laws do apply - again; your best bet is to fight this however contiued posting here only weakens your case.
Get a gate at the end of your driveway.
That should deter the police from coming on your property without your permission. Or a warrant.
That is assuming that the remainder of your property is fenced.
That should deter the police from coming on your property without your permission. Or a warrant.
That is assuming that the remainder of your property is fenced.
Got it.
In GA you can absolutely get a ticket on private property for traffic cases. Tell the judge to look at 40-6-3- if it could be construed as reckless driving- it is ticketable here. Our Improper Starting only applies to public roadways but generally isn't used like the OP's facts.
hahaha a lawyer? its a no-points ticket in NY, idk about where you are, but its 25-250 dollar fine, starts at 25 or 50, depending on the judges mood, and then doubles everytime you get one, if you talk to the da, they reduce it to nothing and tell you to not do it again. Regardless, I'd be pissed, but just go to court, plead not guilty, tell them it was on your property when you talk to the da.
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Wow at 98% of the posters in this thread...
Your state
Regardless of what has been posted above- there are two issues that are not clear and the first is whether traffic laws apply to private areas and second, whether your actions constituted a vio of Improper Start.
A review of your state's statutes as to applicability you start with definitions:
9-13-2-137. Private road.
"Private road" means a way or place in private ownership that is used for vehicular travel by the owner and those having express or implied permission from the owner but not by other persons. [ I read this - your driveway ]
9-21-1-9. Locations subject to applicability of article.
Except when a different place is specifically referred to, this article applies to the operation of vehicles upon highways and private roads of a residential subdivision, regardless of who maintains them. [ I read this as traffic laws apply to your driveway ]
It appears to me traffic laws apply unless specifically excepted and I didn't find an exception. One may exist- I just didn't have the time to look. A lawyer in your area should be consulted because if it does apply, the case becomes what is called a "matter of fact" for which a hearing would be necessary.
Good Luck
Regardless of what has been posted above- there are two issues that are not clear and the first is whether traffic laws apply to private areas and second, whether your actions constituted a vio of Improper Start.
A review of your state's statutes as to applicability you start with definitions:
9-13-2-137. Private road.
"Private road" means a way or place in private ownership that is used for vehicular travel by the owner and those having express or implied permission from the owner but not by other persons. [ I read this - your driveway ]
9-21-1-9. Locations subject to applicability of article.
Except when a different place is specifically referred to, this article applies to the operation of vehicles upon highways and private roads of a residential subdivision, regardless of who maintains them. [ I read this as traffic laws apply to your driveway ]
It appears to me traffic laws apply unless specifically excepted and I didn't find an exception. One may exist- I just didn't have the time to look. A lawyer in your area should be consulted because if it does apply, the case becomes what is called a "matter of fact" for which a hearing would be necessary.
Good Luck
using that logic, why are the Nevada open road races allowed, I guarantee that Nevada highway 318 isn't built to NHRA or any other sanctioning racing body.. yet, there are cars doing in excess of 200 mph on it..
20LethalVenom03 said:
It's a $150 ticket with 4 points here.
jshen said:
Those are interesting articles.
That said, I don't even have to register my vehicle on private property. I don't have to plate it or even have a driver's license so long as I don't leave my private property, so it's unlikely a civil traffic charge applies.
i think the best is get a lawyer, shut your mouth!
It is called an exception or exemption. It is a creation of statute.
My driveway is not a residential subdivision. Those roads are open to the public, and my driveway is not.
I updated the first post with pics.
So, you were stopped right at the end of the driveway at the intersection with a public road? And it appears as if your burnout is within 50 feet of the road, is that accurate?
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