Legal Advise Needed Badly

[Sacajaweau]

Sounds like you're looking for the loophole. Probably not there. Look for another or fess up.

[apackof2]

Drunk-n-sage

Possible clue?

[Sally'sConcerns]

This is silly! Unless they've changed the laws since I last lived in Houston that is.

Several years ago I was involved in a fender-bender type accident at the local grocery store parking lot. The police wouldn't come out because it was on private property.

Needless to say, I never claimed the broken tail light or dented bumper to my insurance company (even though I wasn't at fault). My husband fixed the tail light and I lived with the dented bumper.

[antivenom]

ADVICE is a NOUN...ADVISE is a verb...

Pay the damn ticket...take your lumps like a man...

[Maximum Leader]

"Take you to see a magistrate immediately"

Unless I missed the class on militia legal tricks in law school, that won't accomplish anything other than annoy the cop.

You have no legal right to see a judge unless and until you're in custody, and even then the cops have a couple of days to produce you for a bond hearing (though generally they'll let you bond out after a few hours).

Incidentally, I don't know of any states (though I'm sure there's a few) who still use common law (that is, the judge created law that existed when the US gained its independence) for criminal offenses.

If its not a act prohbited by the state legislature, then you can do it. Likewise, criminal procedure is established by either state constitution or state statute, not "common law".

[Dog Gone]

Reckless Driving under § 545.401. in Texas DOES apply to private property. It explicitly so states.

If that's your only defense, it will fail.

[m1911]

LOL, didja read past the first line?

[Mark]

Check location. ANY cameras present?

[brianl703]

That mall parking lot had better not be publically maintained!

[toupsie]

And for G-d's sake, don't tell the judge that your Freepname is "drunksage"

[Alberta's Child]

You should hire someone who is familiar with Texas motor vehicle laws, but I'll offer my take on it.

Here in New Jersey, I believe motorists who violate laws pertaining to traffic control devices such as stop signs, one-way restrictions, pavement markings, etc. on private property cannot be cited for motor vehicle violations. This is true even if the traffic control device in question regulates access from a private parking lot to a public street. (Note: This is why, for example, stop signs on private property are often not sized properly -- they aren't required to meet Federal Highway Administration standards.)

These signs can, however, be used to liability in the event of a traffic accident on private property.

I have never heard of a motorist receiving a summons for a motor vehicle violation in a private parking lot, except for violations related to laws that are specifically aimed at private parking lots (handicap parking restrictions, for example).

Like I said before -- get in touch with a Texas lawyer.

[babygene]

The first thing you need to do is change your screen name...

[Dinsdale]

But I read it in High Times.

It must be true.

[Redcloak]

Who issued you the ticket? Was a police officer? Or just a rent-a-cop? If it was a rent-a-cop, you can probably ignore it. If, by some local law, a ticket issued by a rent-a-cop is considered valid, you'll probably recieve a summons in the mail. If so, then it's a real ticket. You can, however, fight it by pointing out the missing street in the address. Without the street name, the officer cannot identify the speed limit you were allegedly violating. Argue that by ommitting that information, you are being denied the opportunity to prepare an adequate defense and that the ticket should be tossed on those grounds. A generic "he was speedin'" ticket is not valid. The ticket must state where the violation occured and thus allow one to say what the speed limit really is. Let's say that the address listed is "100" and the speed given is "55 MPH". That speed at 100 N. Main street, in the middle of town, would be reckless driving; doing 55 MPH at "100 Out-in-the-Boonies Highway" would not. Without the proper address listed, you are not being allowed to state what speed was really allowed when the ticket was issued.