I get really sick of people giving advice who don't know anything about the law. Contact the National Motorist Association for advice.

You do need to look at the laws in your State. Unless there is a specific statute that allows for the ticket he gave you, which I doubt, then he has no grounds to issue a citation on private property. Period. Minors can even drive on private property. That's what race tracks are legal. That's why motorcross days are legal. It's private property. You can have this ticket thrown out at the pretrial conference or by the judge.

But you want to get the offices notes, report, both sides of the ticket, Etc. There may be very little time to get discovery in this case. Again, contact the NMA for information on your State.

By the way, municipaliities can not make laws that contradict State law. Most states define driving infractions as occuring on a public road.

 

Its reasonable for the rest of us to give advice under the assumption that the cop wasn't wasting the court's time writing completely bogus tickets.

And how do cops give tickets for parking lot accidents, if they have no jurisdiction? We are just using common sense....

 

Racetracks and autocross days are legal, in part, because the participants HAVE THE PERMISSION OF THE OWNER.

 

So that just means that the owner of the parking lot can sue him for damaging the pavement, the cop still has no right to give him a ticket.

The cop probably thought that anyone driving such a fancy, and might I add beautiful, car such as an S2000 must be loaded. And someone with that kind of money would surely not want to go through the hassle of fighting a ticket in court when he could just send in the payment.

 

[QUOTE=j_t_heilbrun,Nov 18 2005, 09:58 PM] If there is a wreck in a parking lot the police won't respond unless there is an injury, they say because its private property.

 

Actually cities (and I assume it was a city cop who gave the ticket) have the power under the constitution to pass ordinances forbidding all sorts of activity on private property like publicly-used store parking lots. Cities can penalize those who park in a handicapped parking space without the proper permit. They can impose speed limits within the parking lot. They can enforce the city's "noise ordinance" against "boom cars" in such parking lots. They can require moving vehicles in the lot to stay within marked traffic lanes. All this -- and more-- would be within the legal powers of a city.

But to ticket someone for an activity in such a parking lot, the city must first have on its books an ordinance prohibiting the behavior charged, and that ordinance must be sufficiently clear and specific as to the conduct banned. In other words, the cops aren't supposed to make up laws as they go along!

In the "real world" few cities have gone nearly as far as the Constitution would allow in regulating activities on private parking lots open to the public. Instead, they leave it up to the owners of the lot to scrutinize behavior there, and to order someone whose behavior the owner deem inappropriate off the property --- after which they become a trespasser and can be escorted off the property by the cops.

In this case, the specific charge --- "Acceleration in a parking lot" --- sounds more than a bit bogus.I can see how some cities might have ordinances banning screeching tires on acceleration in lots, driving other than within the marked lanes, or exceeding some specified speed. But just banning "Acceleration?" Seems a bit too vague to me. But of course I would have to read the ordinance to know.

Thanks,
Richard

 

Cities can not have ordinances that contradict State law, as municipalities are only empowered to exist by virtue of the State. If they have an ordinance that addresses activities not addressed by the State, they can do what they want provided it is constitutional. But if the State statutes (as most do) specify that driving citations may only be issued on public roads (an element of the violation), then a municipality may not override State law. You need to look at what the State law is first. Most municipal tickets, for example, if they cite a municipal driving violation will reference the State statute they are adopting.

 

Ya but why is a paid employee, city cop getting paid to patrol PRIVIAT property

 

i'm just so tired of seeing people who drives wrecklessly on the street and always get away. while the rest of us law abiding citizen gets nailed for stupid stuff...Changing lane without signaling? no front plates, after market taillight, IT JUST ANOTHER WAY FOR THE GOVERNMENT TO CASH IN ON US. The real criminal is out there and it takes too much to catch them....So they focused on the little guys.

 

This has probably gotten into more of a legal discussion than belongs on a car board, so here's my last comment. In my state (and many other states) state law allows municipal ordinances beyond state law in matters of municipal concern. Heck, it was only via city zoning law that the parking lot was even allowed to be built! In my state, cities may enact ordinances controlling behavior on private property --- even by the owner. All our cities have ordinances allowing city cops to give tickets in store parking lots for illegally parking in a handicapped designated space, parking in a designated fire lane, or violating the "noise ordinance" in the lot with the car stereo. Maybe there are some other examples I don't know about. City cops also have plenty of general jurisdiction on private property. Just try to burglarize some, and see who arrests you.

Thanks,
Richard