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Help - Ticket on Private Road

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Old Jun 12, 2007 | 09:50 AM
  #1  
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From: Manuel Antonio
Default 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????
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Old Jun 12, 2007 | 10:40 AM
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Not a single clue, sorry.

Keep looking - I can't imagine it's legit. Otherwise they'd be giving speeding tickets at Laguna Seca!
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Old Jun 12, 2007 | 12:05 PM
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In some jurisdictions the fact the private road connects to a public road is interpreted as justification to enforce traffic laws. You may need an attorney to fight this one.
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Old Jun 12, 2007 | 01:46 PM
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It's up to the owner of the road
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Old Jun 12, 2007 | 03:01 PM
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if you don't mind me asking, what did you get a ticket for?
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Old Jun 13, 2007 | 05:38 AM
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If you were speeding, is there a posted speed limit?
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Old Jun 13, 2007 | 07:26 AM
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From: Manuel Antonio
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Originally Posted by simon122,Jun 12 2007, 03:01 PM
if you don't mind me asking, what did you get a ticket for?
I rolled through a stop sign. I have been driving this road for 16 years and recently they have been building a community adjacent to the road. The stop sign was added but there were no roads intersecting the area of the sign. About a week before the ticket, they cut a road in and made an intersection at the spot of the stop sign. But there are no houses or structures within a half mile of the stop sign and it was 11:30 at night, so I rolled it. Cop was hiding behind a dump truck.
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Old Jun 13, 2007 | 07:32 AM
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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!
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Old Jun 13, 2007 | 10:24 AM
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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.
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Old Jun 13, 2007 | 06:05 PM
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Please, please don't take everyone's opinion. Opinions mean nothing.

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
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