Need some legal advice....

[Tork_MoNsTeR]

Hey guys, long story made short: I popped the throttle of the truck going thru an empty parking lot and the tires broke loose but not much. I didnt sit there and do a burn out or anything. A cop stops me takes my keys with his gun already unholstered. Puts me in cuffs and tells me im going to jail for reckless driving. He gives me a hard time, tries to search the truck and I told him "no". He gets pissed and tells me he'll get a K-9 and that just helps him decide if Im going to jail or not..... He ends up giving me a court date for the reckless driving charge. My main question is .... can they write me a ticket on private property? I know someone hit my moms car in a private parking lot at the mall nd they couldnt ticket him..... just curious because on the ticket it just say the street address, not the parking lot.....:dontknow: :dontknow:

 

[includemeout]

Hey guys, long story made short: I popped the throttle of the truck going thru an empty parking lot and the tires broke loose but not much. I didnt sit there and do a burn out or anything. A cop stops me takes my keys with his gun already unholstered. Puts me in cuffs and tells me im going to jail for reckless driving. He gives me a hard time, tries to search the truck and I told him "no". He gets pissed and tells me he'll get a K-9 and that just helps him decide if Im going to jail or not..... He ends up giving me a court date for the reckless driving charge. My main question is .... can they write me a ticket on private property? I know someone hit my moms car in a private parking lot at the mall nd they couldnt ticket him..... just curious because on the ticket it just say the street address, not the parking lot.....:dontknow: :dontknow:

Real Bummer
Usually parking lots are a public domain ( as anyone can come or go) so you may be in for a fight. The real question is... was it really a Private parking lot not open to the public.

 

[FerrariTruck]

yeah they can. But laws differ from state to state. but def worth talkin to an attorney now since you got a ticket

 

[WOT]

Take this to a decent ticket attorney. For probably around $100 plus maybe a fine, this could be made to be a non-moving violation. Or, the attorney may elect to fight it in court since it was in a parking lot. I fight 100% of my tickets or get them reduced to non-moving violations. It keeps my driving record clean. Sometimes it's not cheap, but usually it is no more than $100-$200 plus you get no insurance hike. I got a racing ticket along with a speeding ticket doing 120 in a 45 (late at night in the middle of nowhere against a Mustang) reduced to a deferred adudication for 30 days with a $150 fine. It didn't go on my record.

 

[supercar1of1]

Hey guys, long story made short: I popped the throttle of the truck going thru an empty parking lot and the tires broke loose but not much. I didnt sit there and do a burn out or anything. A cop stops me takes my keys with his gun already unholstered. Puts me in cuffs and tells me im going to jail for reckless driving. He gives me a hard time, tries to search the truck and I told him "no". He gets pissed and tells me he'll get a K-9 and that just helps him decide if Im going to jail or not..... He ends up giving me a court date for the reckless driving charge. My main question is .... can they write me a ticket on private property? I know someone hit my moms car in a private parking lot at the mall nd they couldnt ticket him..... just curious because on the ticket it just say the street address, not the parking lot.....:dontknow: :dontknow:

In Ga; he would have to explain how you drove in a reckless manner that displayed a total disregard for the safety of others.

I don't see that from what you describe.



.

 

[Tork_MoNsTeR]

No i did spin the tires but and was going maybe a bit fast in the parking lot but it was MIDNIGHT and the was NO ONE in the parking lot....

 

[nycstev]

My main question is .... can they write me a ticket on private property?

Open to public? Then yes.

 

[Cudajon]

While you were cuffed you should have asked him "Are you going to take me to the police ball?" And when he replies "Police don't have balls." You could say... "Well that explains a lot."

 

[Silverback]

No i did spin the tires but and was going maybe a bit fast in the parking lot but it was MIDNIGHT and the was NO ONE in the parking lot....

The time and the fact that no one was in the parking lot has nothing to do with it. Laws are not written with conditions like that.

 

[HOT RAM]

The time and the fact that no one was in the parking lot has nothing to do with it. Laws are not written with conditions like that.

I am sure they aren't,but when I got a reckless driving ticket doing 45 in a 25 on my Harley,that was one of the things the prosecutor asked "Was there any traffic at that time of morning ? Was it truly reckless ?"

Got it reduced to improper because of the time and location

I also fight ALL tickets.I just had my altered exhaust ticket dismissed
but then again ,I now have 4 cats
but it isn't in my record

 

[Tork_MoNsTeR]

At this point I kind of wish he had arrested me... Because when he cuffed me he never read me my rights... It could have been interesting..... But oh well

 

[kickinassrt-10]

Hey guys, long story made short: I popped the throttle of the truck going thru an empty parking lot and the tires broke loose but not much. I didnt sit there and do a burn out or anything. A cop stops me takes my keys with his gun already unholstered. Puts me in cuffs and tells me im going to jail for reckless driving. He gives me a hard time, tries to search the truck and I told him "no". He gets pissed and tells me he'll get a K-9 and that just helps him decide if Im going to jail or not..... He ends up giving me a court date for the reckless driving charge. My main question is .... can they write me a ticket on private property? I know someone hit my moms car in a private parking lot at the mall nd they couldnt ticket him..... just curious because on the ticket it just say the street address, not the parking lot.....:dontknow: :dontknow:

Almost had the same situation down here in S. Fla......Cut off an undercover Sheriff officer and he wanted to take me to jail...ended up letting me go on reckless driving charge with a court date...(reckless is worse that careless) I hired a good attorney that i was referred to cost several $100 but was worth not having to do any probation ...I ended up getting it reduced to careless driving...court costs and s costly attorney fee....from my experience Hire a great attorney don't just go to a ticket clinic...seek advice from several lawyers, most will have free advice..good luck

 

[WOT]

At this point I kind of wish he had arrested me... Because when he cuffed me he never read me my rights... It could have been interesting..... But oh well

Maybe, maybe not: they only have to read you your rights if they are going to use anything you say during questioning after being arrested against you in court. Meaning, anything you blurt out prior to the arrest can be used against you, but anything that you answer to a direct question after being arrested cannot be used if they have not Mirandized you. That's not to say that they don't alter the timeline to say that you said those things after being read Miranda. It's you against the 2-3 cops that swear you said it after being read your rights, and it's only misdemeanor traffic stuff so the judge really doesn't care. In most states, traffic related stuff is handled in JP or Municipal court which is not a court of record. Meaning, you have an automatic right of appeal (don't have to show grounds) if you lose the case.

Still, find an attorney that specializes in traffic related criminal law (not a ticket clinic). They are usually good at handling these types of things.

 

[FastSRT19]

Open to public? Then yes.

Yup! Here in NJ you can be issued any ticket in a parking lot as you would be issued on the roadways. Also, you can be issued several on your own property!(like driving with a suspended license or DWI.)
when a friend gets a ticket that they want to fight or reduce I always tell them to forgo an attorney unless it is a consequence of magnitude like DWI or 2nd or third DWI where you are facing jail. Any person can walk onto court here and walk out with the same deal as an attorney would get for you.

 

[SPACEMONKEY1]

Definitely get an attorney!! Usually speeding tickets are the cheapest, this one might be a little more expensive, but I don't see you paying more than $300.00. My friend had a similar situation a few months back, except his was a DWI. He dropped someone off at these apartments, private property open to public, passed out and woke up 4 hours later. Yes he passed out at the wheel with his jeep running the whole time, lol. The cops were waiting for him and pulled him over when he didn't use his turn signal. Long story shirt: He got everything dismissed because pulling him over for not using his turn signal wasn't valid due to it being a parking lot. You should get it knocked down or straight dismissed. Let us know what happens. Good luck.

 

[SRT10VENOMOUS]

Open to the public or not in Ontario the pigs cant do shit. I remember they would come in and harass you but could not do anyting,, And they would wait down the road untill you pulled on to the road then as soon as you had 4 wheels on the road pull your ass over and then really harass you.. but if your in a parkinlot there is jack shit they can do, unless the owners called in and asked them to remove you for whatever readon..

and thats why we hate pigs....

thank you

 

[Rockin Ronnie]

K first of all COPS ARE FUCKING LIARS!!!! I have beaten tickets because I refuse to succomb to their political bullshit! I swear to god they should have to pass the same lie detectors that eveyone else does because they are such miserable lying bastards they would fail everytime!!!!bHere's my guy in Seattle maybe he can tell you who to contact in your area or even help you!!! www.speedinginseattle.com

 

[JTS VENOM PERFORMANCE]

bud i dont know in fla, but in my county, if you run a stop sign in the wal mart parking lot, they cannot ticket you, they can try, but it is private property, beat one myselft that way,

now that dont mean if one is in the parking lot that you can do whatever you want, the judge will get you for something

but depending on your county deal, you may or may not be good, first thing monday, take off, and call 15 attorneys, not jsut 2

 

[Tork_MoNsTeR]

Im already off tomorrow so thats what Im gonna do.... Thanks guys...

 

[noid]

Laws vary from state to state. Infractions do not apply on private property. If there is a sign posted stating that all vehicle laws will be enforced. It will be a city or county code that will not be very costly and will not go on your record. D.U.I./D.W.I's are misdemeanors along with reckless etc.... Those are enforceable on private property. These laws that I refer to are California law.