Stopped and ticketed. In my driveway.

[Blade Runner]

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?

Hmmmm, kinda changes things a 'lil....

 

[mkb116]

You asked a question and you got the same answer from several LEO's. You also got a different answer from a bunch of people who do not know anything about the law. You also seem to not need an answer, because you already know everything. Looks like you don't need our help.

 

[SpittingCobra]

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

And they call this country free...:nonono: Can't even play with your car on your own property. I'm sure these laws were passed with keeping people safe but how much babysitting must we endure!?!
When I was 14 I was ticketed for riding my motocross bike on my dad's property (21 acres). There is a "road" on the books but it's about 100 yards long, my father owns it, it's not paved, and it's gated. I was practicing wheelies up and down it for about an hour. Pissed the neighbors off I guess but it was the middle of the day, no noise ordinance. When the cops showed up they dove onto the property, I ran, they chased me into the field, damn near ran me over, drew guns on me (admittedly, I provoked this). They tried to impound the bike and get me for evading police.

Got a lawyer, went to court, I won. They had no jurisdiction. They had nothing on me. They ended up paying my parents for the damages to the bushes and trees, etc. They had to buy me a new set of bars because I had to dump the bike. Basically all my costs were covered.

Thank god my dad volunteers at the sheriff's dep. now because these two cops have had it out for me ever since. I don't blame them I guess, they got owned.

OP I wish you luck, I know what you're feeling right now cuz I've been there. I'm no lawyer so I don't know what chance you have of beating this but the law isn't everthing and you should be free to do what you want on your property. I mean damn, you didn't run anyone over!:burnout:

 

[MoreBoostPlease]

Prior to seeing the pics, regardless of what the law states, it sounded like a BS ticket.

I was thinking you had a huge yard with a parking area far back from the street in a rural area. Your "unsafe start"(ie. burnout) was fairly close to a public road, and to make it worse, while performing said burnout you were traveling towards the public road.

Next time use some common sense.

 

[BoostFiend]

Prior to seeing the pics, regardless of what the law states, it sounded like a BS ticket.

I was thinking you had a huge yard with a parking area far back from the street in a rural area. Your "unsafe start"(ie. burnout) was fairly close to a public road, and to make it worse, while performing said burnout you were traveling towards the public road.

Next time use some common sense.

Ditto, I thought it was qustionable at first but seeing where you were in proximity to a public street...well...you made your bed, now lay in it.

 

[FordSVTFan]

Hmmmm, kinda changes things a 'lil....

That picture changes things, and not in his favor.

 

[MoreBoostPlease]

Suddenly this song popped into my head....

"Bad boys, bad boys,... whatcha gonna do,... whatcha gonna do when they come for you...."

 

[mswaim]

I suppose in your haste to prove your innocence, you failed to heed my advice about continuing to post only serves to weaken your case........

My dad always said a photo is worth a thousand words; your photos clearly indicate the recklessness of your actions.

A very wise man once said; "Better to keep your mouth closed and be thought a fool than to open it and remove all doubt"?

As I said before, if you wish to seal your fate just keep posting. :shrug:

 

[musclefan21]

hmm.... Honestly I thought it was something like this. lol.

 

[MoreBoostPlease]

Great artwork.

 

[SpittingCobra]

I suppose in your haste to prove your innocence, you failed to heed my advice about continuing to post only serves to weaken your case........

My dad always said a photo is worth a thousand words; your photos clearly indicate the recklessness of your actions.

A very wise man once said; "Better to keep your mouth closed and be thought a fool than to open it and remove all doubt"?

As I said before, if you wish to seal your fate just keep posting. :shrug:

True... I suppose someone could e-mail those pics to the police dep. Not sure why anyone would be so spitefull and hypocritical? I mean come on, there is a whole section of this site dedicated to illegal street racing.

You're right though.

 

[Scout238]

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:

:lol:A warrant? Come on... Just lawyer up and everything will work out. I am not familiar with IN statutes.... so I will refrain from other advice.

 

[MoreBoostPlease]

I suppose in your haste to prove your innocence, you failed to heed my advice about continuing to post only serves to weaken your case........

My dad always said a photo is worth a thousand words; your photos clearly indicate the recklessness of your actions.

A very wise man once said; "Better to keep your mouth closed and be thought a fool than to open it and remove all doubt"?

As I said before, if you wish to seal your fate just keep posting. :shrug:

Couldn't have said it better.

 

[Relaxed Chaos]

I do not see how this is reckless driving or an unsafe act. It is as though some people believe that the spinning of tires is inherently reckless or unsafe. This act, in and of itself, is a perfectly safe thing to do as it is under control, occasionally even by an onboard computer.

It appears in this specific case that this was safe and controlled and this poor guys rights were violated by the police. Shame.

 

[MoreBoostPlease]

I do not see how this is reckless driving or an unsafe act. It is as though some people believe that the spinning of tires is inherently reckless or unsafe. This act, in and of itself, is a perfectly safe thing to do as it is under control, occasionally even by an onboard computer.

It appears in this specific case that this was safe and controlled and this poor guys rights were violated by the police. Shame.

How is a vehicle under control during "spinning of the tires"? You are purposely causing the tires to lose grip(aka "control"). In such a situation, an inexperienced driver could easily lose control of the vehicle.

Look again at the pictures the OP posted. Notice how close he is to a PUBLIC road. He was intentionally being reckless.

 

[Scout238]

I do not see how this is reckless driving or an unsafe act. It is as though some people believe that the spinning of tires is inherently reckless or unsafe. This act, in and of itself, is a perfectly safe thing to do as it is under control, occasionally even by an onboard computer.

It appears in this specific case that this was safe and controlled and this poor guys rights were violated by the police. Shame.

How so? The picture illustrates him doing a burnout at a blind corner (The house to the left) against a arrow painted on the ground pointing the opposite direction (implying he shouldn't have been going that way in the first place... ie safety!).

It was committed right in front of the officer? What else would you expect?

IMO the pics and the OPs description paint much different pictures.

 

[nathanralph]

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?

Picture is deceptive. The burnout marks end 74 feet from the road. I am parked there, as I was driving forward after the burnout to go to the street, but it stopped way back from the road.

You asked a question and you got the same answer from several LEO's. You also got a different answer from a bunch of people who do not know anything about the law. You also seem to not need an answer, because you already know everything. Looks like you don't need our help.

I posted here to get a lot of different opinions and viewpoints. I have posted it on a few other forums and I'm learning as the days go on.

And they call this country free... Can't even play with your car on your own property. I'm sure these laws were passed with keeping people safe but how much babysitting must we endure!?!
When I was 14 I was ticketed for riding my motocross bike on my dad's property (21 acres). There is a "road" on the books but it's about 100 yards long, my father owns it, it's not paved, and it's gated. I was practicing wheelies up and down it for about an hour. Pissed the neighbors off I guess but it was the middle of the day, no noise ordinance. When the cops showed up they dove onto the property, I ran, they chased me into the field, damn near ran me over, drew guns on me (admittedly, I provoked this). They tried to impound the bike and get me for evading police.

Got a lawyer, went to court, I won. They had no jurisdiction. They had nothing on me. They ended up paying my parents for the damages to the bushes and trees, etc. They had to buy me a new set of bars because I had to dump the bike. Basically all my costs were covered.

Thank god my dad volunteers at the sheriff's dep. now because these two cops have had it out for me ever since. I don't blame them I guess, they got owned.

OP I wish you luck, I know what you're feeling right now cuz I've been there. I'm no lawyer so I don't know what chance you have of beating this but the law isn't everthing and you should be free to do what you want on your property. I mean damn, you didn't run anyone over!

Very interesting. Thanks!

I was thinking you had a huge yard with a parking area far back from the street in a rural area. Your "unsafe start"(ie. burnout) was fairly close to a public road, and to make it worse, while performing said burnout you were traveling towards the public road.

Next time use some common sense.

The pictures are a bit deceptive. I was exactly 74feet from said public road. I stopped the burnout well before you see the positioning of the car in the picture. I then proceeded forward toward the road.

I suppose in your haste to prove your innocence, you failed to heed my advice about continuing to post only serves to weaken your case........

My dad always said a photo is worth a thousand words; your photos clearly indicate the recklessness of your actions.

A very wise man once said; "Better to keep your mouth closed and be thought a fool than to open it and remove all doubt"?

As I said before, if you wish to seal your fate just keep posting.

I find it rather unlikely that the police will look here, but thanks for the advice.

hmm.... Honestly I thought it was something like this. lol.

It really is. The burnout was 74 feet from the road. I just pulled forward afterwards. I actually came to a complete stop over 50feet from the road before proceeding.

How is a vehicle under control during "spinning of the tires"? You are purposely causing the tires to lose grip(aka "control"). In such a situation, an inexperienced driver could easily lose control of the vehicle.

Look again at the pictures the OP posted. Notice how close he is to a PUBLIC road. He was intentionally being reckless.

No intentional recklessness here. Like I said, I was well over 50 feet from the road, the marks stop 74feet short of the road, and I came to a complete stop before actually approaching the road. I've driven this car quite a while and never lost control of it at all.

How so? The picture illustrates him doing a burnout at a blind corner (The house to the left) against a arrow painted on the ground pointing the opposite direction (implying he shouldn't have been going that way in the first place... ie safety!).

Misdemeanor committed right in front of the officer? What else would you expect? No... the officer did not need a warrant and it doesn't matter if it was private property.....

IMO the pics and the OPs description paint much different pictures.

The picture is deceptive here as well. I'll take another picture outside and show you what I mean. The corner is not a blind corner. After I pass the house, the entire 100 feet or so to the left is also private property, and part of my driveway, not a public road. I had my brother in the front of the house and he let me know no other vehicles were in my driveway anyway.

The paint stripe was painted 5 years ago for something completely unrelated, and it is not a 1-way. My dad spray painted the line for a contracting firm a long time ago.

 

[FordSVTFan]

Picture is deceptive. The burnout marks end 74 feet from the road. I am parked there, as I was driving forward after the burnout to go to the street, but it stopped way back from the road.

The end of the burnout marks are within 25 - 30 ft of the end of your car. Your car is at the road. There are many landmarks and items of discernable dimension that can be used to extrapolate distance.

For instance.

 

[nathanralph]

I just got done measuring the end of the burnout marks from the road. 74feet exactly. Here's another angle.

The burnout marks for this burnout stop just within the privacy fence, exactly 74 feet from the public road. Just hard to see from the other picture.

 

[Scout238]

When I said blind corner, I was referring to something like that. Because someone could easily come down the steps and step out into the driveway.
Granted it may not be a one way road, but that is just what the picture says.