Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

Ticketed for talking on cell phone while NOT driving (California)
Personal ^ | 10/26/09 | ZGuy

Posted on 10/26/2009 9:54:41 AM PDT by ZGuy

click here to read article


Navigation: use the links below to view more comments.
first previous 1-2021-4041-48 last
To: autumnraine
That's what I thought. So they had no right to ticket him at all if he was on private property ? And that's for any state? Does he have any chance to go back and get it rescinded now that it's over ?
41 posted on 10/26/2009 1:12:32 PM PDT by Red Boots
[ Post Reply | Private Reply | To 38 | View Replies]

To: ZGuy

Sounds like officer friendly needed to meet his quota of tickets for the day.


42 posted on 10/26/2009 1:15:08 PM PDT by Dr.Zoidberg (Warning: Sarcasm/humor is always engaged. Failure to recognize this may lead to misunderstandings.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Spartan79

A little off topic, but I was headed to Ohare airport yesterday and came across a “photo enforced” sign before an intersection. I was going to turn right. I said to myself, “I’ll betcha this is a ‘no turn on red’ intersection.”

It was.

The interesting thing is that, as someone who has been driving for over four decades, it did not “feel” like a “no turn on red” intersection. There was plenty of visibility, traffic was light, etc.

I consider it a revenue light trying to get all us out-of-town dweebs in rental cars on our way to return the car.


43 posted on 10/26/2009 1:19:20 PM PDT by RobRoy (The US today: Revelation 18:4)
[ Post Reply | Private Reply | To 20 | View Replies]

To: autumnraine; Red Boots

>>Private property absolutely matters and the kid you know got suckered into a ticket that he didn’t have to take if had fought it.<<

Yep. The law is very black and white. Traffic laws are enforceable because driving is a privilege and not a right. You can buy a car and use it to get around your acreage without ever licensing it. You can drive it any way you want. You may violate various environmental laws, etc, but the TRAFFIC cops have no jurisdiction on private property (other than “public” private property like parking lots).

Imagine the cops writing a ticket to a farmer who turns too sharm while ploughing his field.

And in that is the kernal of the problem here: If a person without a drivers license is driving an unlicensed car on a dirt road on his own property, can he get a ticket for driving without tabs or a license? NO, because the law only applies to public roadways.

But I blather. This ticket really ticks me off, I must admit.


44 posted on 10/26/2009 1:26:40 PM PDT by RobRoy (The US today: Revelation 18:4)
[ Post Reply | Private Reply | To 38 | View Replies]

To: OldEagle

“Another whizkid interpretation to keep LEO’s from thinking.”

Law Enforcement Officers : thinking :: Obamacare : saving money

As more and more sh!t hits the fan, more and more “LEO’s” will be drooling and slavering as they snap at our heels, herding us into group lockups where their masters scan and search us for any contraband tobacco, “edged weapons”, or illegally-possessed silver.


45 posted on 10/26/2009 1:31:07 PM PDT by flowerplough ( Pennsylvania today - New New Jersey meets North West Virginia.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Red Boots

Well, I don’t know of any state that allows for traffic laws to be enforced on private property... but if the kid plead guilty (or paid the ticket which is pleading guilty), there isn’t much he can do now.

Now, I also must clarify, if you are in a ‘public’ private property (not owned by you), and say your tag isn’t current, you can get a ticket. Simply because you must have driven there to get there.

But the kid on his grandfather’s land wasn’t being ticketed for improper registration and even if he didn’t have registration or insurance, it would apply if he wasn’t on the roadway. It PRIVATE private property, or owned by an individual.


46 posted on 10/26/2009 4:49:59 PM PDT by autumnraine (You can't fix stupid, but you can vote it out!)
[ Post Reply | Private Reply | To 41 | View Replies]

To: ZGuy
I think I've read that courts have ruled that when it comes to crimes/violations that require "driving"...like DWI....if the key's in the ignition then the requirement has been met.The car needn't be in motion.It needn't even be started.

At least that's my understanding.I certainly could be wrong.

47 posted on 10/26/2009 4:56:50 PM PDT by Gay State Conservative (Host The Beer Summit-->Win The Nobel Peace Prize!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: the long march

Having cops who use common sense would be a better solution.


48 posted on 10/26/2009 4:58:47 PM PDT by Kozak (USA 7/4/1776 to 1/20/2009 Reqiescat in Pace)
[ Post Reply | Private Reply | To 4 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-48 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson