Help - Ticket on Private Road
I received a ticket the other night on a private road. I have been searching the CA DMV Vehicle Codes on line but I cannot make hide nor hair of how the vehicle code applies to Private roads. Can anyone give me some advice on whether I have a chance to fight the ticket? From my understanding, there must be a sign posted with the City Ordinance referenced in order for vehicle codes to be enforced on a private road. Any one have some expertise or knowledge in this????
Originally Posted by simon122,Jun 12 2007, 03:01 PM
if you don't mind me asking, what did you get a ticket for?
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well as far as i know in my past, i had a similar situation, and aslong as the intersection is on private property and not with a public road, then the ticket should be void, the only thing that can be inforced are handicap parking spots and things like fire zones, as they are government issued but stop signs and speed limits are cautions and not laws. good luck with your situation, hopefully it turned out the same for you as it did for me!
That would be my question- does the county/city pay to maintain the road(ie paving, etc)? If so then the police can enforce laws. Also, if the owner of the road asks for enforcement it is legal. Should be easy enough to find out if it is public or private.
Please, please don't take everyone's opinion. Opinions mean nothing.
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And no, they can't enforce a ticket on private property, unless, at a minimum, the statutes specifically give them that power (I'm sure they don't). Even if they did, the statutes would probably be in violation of the federal MUTCD guidelines.
Come trial, though, the cop may lie and say you were on a different road all together. You want to move for discovery tomorrow. There are usually short windows for this. You need to anticipate that he will lie and be ready to prove what really happened. If he's willing to give out a fraudulant ticket, which is a lie, he's willing to lie to cover up the lie.
Again, NMA will help you, and put you in touch with people in your state who know the traffic law there.
Ken
Contact www.motorists.org
And no, they can't enforce a ticket on private property, unless, at a minimum, the statutes specifically give them that power (I'm sure they don't). Even if they did, the statutes would probably be in violation of the federal MUTCD guidelines.
Come trial, though, the cop may lie and say you were on a different road all together. You want to move for discovery tomorrow. There are usually short windows for this. You need to anticipate that he will lie and be ready to prove what really happened. If he's willing to give out a fraudulant ticket, which is a lie, he's willing to lie to cover up the lie.
Again, NMA will help you, and put you in touch with people in your state who know the traffic law there.
Ken



