Legal Advise Needed Badly

[drunknsage]

I need some advice from any of you freepers that happen to be in the legal field. I received a ticket in a Mall parking lot (private property) for speeding. The ticket reads reckless driving - unsafe speed. There is an address listed but no street. In the Stats of Texas, reckless driving is a Class B misdemeanor and an arrestable, not citable offense. Should I even bother trying to fight this? I personally think its a BS citation because the incident happened on private property.

Any help would be useful,

Thanks,

Drunknsage

[moodyskeptic]

You neglected to mention if you are guilty. Oversight?

[Jack Black]

Contest it.

Private property tickets are semi-legal scams.

[Darth Reagan]

Get a lawyer. It if the lawyer can get you off on a lesser offense, then the money you pay the lawyer will be more than offset by insurance savings.

[AdamSelene235]

Dig up the definition of the charge. My guess is the wording is "a person who on a public road yadda yadda".

Now I don't see why they can't charge you with reckless endangerment.

[Conservababe]

Well, I got a ticket for parking in a handicap space in a shopping mall. I had broken my foot and had to use the motorized carts in the stores. I just did not have the little "pay your physician" for a little hanging handicapp sign from the state. So, I reckon you can be cited for speeding.

[ChadGore]

My legal advise? Don't take free legal advise.

[ContentiousObjector]

If you got it from a rent-a-cop, save it for use in the bathroom, if you got it from law enforcement your stuck with it.

[r9etb]

Stupid question:

Were you ticketed by a cop, or by mall security?

[IronJack]

Was the charge reckless driving or speeding? There are no state-imposed speed limits applicable to private property, to the best of my knowledge. However, excessive speed in a crowded parking lot could certainly be construed as reckless driving, and that applies anywhere a motor vehicle can be operated.

So there is a de facto speed limit, probably subject to the officer's discretion, the excess of which constitutes not speeding but reckless driving. If I were a prosecutor, I'd take this case. If I were defending, I wouldn't.

Local laws may vary.

[CatoRenasci]

You're in Texas, call a Texas lawyer. This is too important to try to save a couple of bucks getting free advice from nonlaywers or out-of-state lawyers who are trying to be good guys, but who shouldn't be giving advice in a jurisdiction in which they are not admitted.

[Arthur Wildfire! March]

I'm no lawyer, but I am sore...ly disappointed in you! How DARE you exceed their 5 MPH speed limit at the mall????!! I hope they throw the book at you! /sarcasm.

[Atlas Sneezed]

States that have typical traffic laws include places open to the motoring public as public roads where tickets can be issued.

In Texas: § 541.302. Traffic Areas
"(5) "Highway or street" means the width between the boundary lines of a publicly maintained way any part of which is ***open to the public for vehicular travel***."

Reckless driving convictions can have very expensive consequences. If this is a real ticket from a real law enforcement officer, talk to a local lawyer, who may be able to get the carges reduced, or better.

I have been involved in helping motorists rights, but am not an attorney in Texas. Feel free to email me for more advice.

[Arthur Wildfire! March]

I must also add, how on earth did their little golf carts catch up with you? Couldn't you outrun them? If they shot at your tires, heck, shoot back.

[Lokibob]

Are we getting the full story, or your spin on the story?

For example, were you speeding and reckless and just protesting the fact that you got a ticket in a parking lot?

Were you speeding and reckless on a city street, and pulled into a parking lot, thinking you could get away with it?

Is your name an indication of the condition you were in, and the LEA gave you a break by writing a reckless ticket. Not accusing, just trying to get the full story.

As others said, get a lawyer, not free advice.

[Plutarch]

My advice: I'd advise to not write advise when you mean advice.

[hallbrain]

"arrestable, not citable"

you should have demanded to be arrested :)

Maybe you need to be more careful in mall parking lots :|

[LA-Lawyer]

Reckless driving and speeding in a parking lot? Do you know how many serious injury and several death cases I've seen arising from parking lot mario andretti's racing to an open spot and smearing some mom or kid?

My advice, from a real lawyer, is to pay your ticket, thank God you didn't hurt anyone, and drive like your own grandkids just got out of school and are crossing in front of you.

I could probably help you evade the fine, but I won't.

[blau993]

You need to talk to a Texas lawyer. No lawyer, particularly one from outside of Texas, should be advising you in a chat room.

I will give you one piece of advice. Don't use your screen name when you go to court!

[Dinsdale]

When ever confronted by a cop damand to 'see a magistrate' immediatly. Under common law they undermine there case unless they immediatly take you to a magistrate.

Oh you needed legal advice badly not bad legal advice?

Hold your nose and hire a shyster^h^h^h^h^h^h^hlawyer.