Results 1 to 10 of 12

Threaded View

  1. #3
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Can a Property Owner's Association Issue Speeding Tickets

    Quote Quoting joef
    View Post
    I suspect that as private property the association got the county to authorize them to enforce all of the CVC so that the POA would not have to duplicate sections like stop signs, pedestrian crossings, speeding, passing, etc. inside their Rules & Regulations document. If traffic issues are enforced by POA security officers, these are not Police or "Peace Officers" and have no right to arrest you and are not covered by the regulations governing Police. If they stop you and write you a ticket, it should go to a POA hearing determining guilt and fine. As such, it is a civil matter between you and the POA and they are free to use any standards they choose as long as they are reasonable (including preponderance of evidence, not reasonable doubt to determine guilt). If you don't like it you can sue in court but the courts tend to defer to the POA's since these are civil matters concerning your voluntary agreement to follow the POA's rules. You can try to use poor training and lack of recent calibration in your argument at the hearing but I bet unless you can demonstrate the device is way out of functional calibration or the officer has little idea how to use it, it will be admitted and you lose.
    The ticket would be heard in a court of local jurisdiction. The same rules of evidence would apply as if a police officer issued the ticket. This would not be a civil matter.

    The County accepted jurisdiction.

    1. Sponsored Links
       

Similar Threads

  1. Speeding Tickets: Can Police Issue Tickets from Private Property
    By Shylaw in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 08-02-2017, 10:59 AM
  2. Easement Use and Enforcement: Access Rights Over Land Owned by the Property Owner's Association
    By Countrygent in forum Real Estate Ownership and Title
    Replies: 6
    Last Post: 09-28-2015, 07:45 AM
  3. Libel: Publicly Censured by Property Owner's Association Board
    By nppugh1 in forum Defamation, Slander And Libel
    Replies: 6
    Last Post: 11-05-2012, 06:26 PM
  4. Parking Violations: Can City Police Issue Tickets on Federal Property
    By mcnitt in forum Moving Violations, Parking and Traffic Tickets
    Replies: 6
    Last Post: 02-16-2010, 12:58 PM
  5. Speeding Tickets: Can The Fish And Game Police Issue Speeding Tickets?
    By miwxq in forum Moving Violations, Parking and Traffic Tickets
    Replies: 12
    Last Post: 04-13-2008, 08:49 PM
 
 
Sponsored Links

Legal Help, Information and Resources