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  1. #1
    Join Date
    Sep 2006
    Posts
    2

    Default Speeding ticket on private property in California

    I got a speeding ticket for doing 61 in a 45- the thing is the officer didn't pull me over but rather I had already pulled into the parking lot at work and parked, and was getting out of my car when he rolled up behind me and showed me that he had gotten me on radar. He has ticketed several of us at work the same way and told one of my co-workers to tell "the girls" at work to stop speeding. It seems to me that this is improper procedure and he can't follow us onto private property and hand out tickets without putting his flashers on and indicating that we're being pulled over. Should we try to fight the tickets? This is in California.

  2. #2

    Default Re: Speeding ticket on private property-CA

    Sounds fine to me and you had been warned. What's the problem, can't follow instructions?

  3. #3
    Join Date
    Sep 2006
    Posts
    2

    Default Re: Speeding ticket on private property-CA

    Um no, it was after I got the ticket that I found out about my co-workers, and all of us were going with the flow of traffic on the major street in front of our workplace, which I had been doing every day for the 2 1/2 years I've been here. I still say he didn't follow procedure, and he also seems to be targeting female drivers. Thanks for being so helpful though, truly.

  4. #4
    Join Date
    Jun 2006
    Location
    Arkansas
    Posts
    643

    Default Re: Speeding ticket on private property-CA

    I agree with the other post. If you were speeding on public property and the officer has proof of that it really doesn't matter that he encountered/stopped you on private property thereafter, failed to follow proper procedure, etc. What the prosecution would have to prove at trial beyond a reasonable doubt is that you were speeding and it sounds like they have the proof.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,530

    Default Re: Speeding ticket on private property-CA

    Quote Quoting duranimal
    View Post
    I got a speeding ticket for doing 61 in a 45- the thing is the officer didn't pull me over but rather I had already pulled into the parking lot at work and parked, and was getting out of my car when he rolled up behind me and showed me that he had gotten me on radar. He has ticketed several of us at work the same way and told one of my co-workers to tell "the girls" at work to stop speeding. It seems to me that this is improper procedure and he can't follow us onto private property and hand out tickets without putting his flashers on and indicating that we're being pulled over. Should we try to fight the tickets? This is in California.
    The parking lot at work is not "home base" in a game of tag ... he contacted you there for a violation of the law that occurred on public property - speeding.

    The flashers on the car are for getting your attention, warning other vehicles, and for ordering you to stop or acquiesce to their detention. There is nothing otherwise magical about them, and they are not required to effect a detention under CA law. He is free to walk up to you after you have parked and then tell you that you are detained for speeding and issue a citation.

    If you have grounds to contest the citation, then do so. But arguing "improper procedure" and some kind of lack of jurisdiction will fall flat.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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