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  1. #1
    Join Date
    Apr 2011
    Posts
    12

    Default Re: Must I Pay Speeding Ticket Issued in Private Property

    The citation says:
    Rule violation: 1.02.1.B, Speeding 35 mph.
    It has Name, time, date, address, location, barcode #, Lic #, Vehicle Make, Color, comments, acknowledgement of receipt, signature of the public safety officer. The weird thing is that it has employee #. No "notice to appear" with any court date and name of the law enforcement agency. On the top, it said something something Country Club, Rule Violation Citation. 6490 at the upper right hand corner.
    I don't remember what light color, I didn't even notice him behind me until a security guard stopped me at the gate because it had no sound.

    The weird thing was that he told me that the citation won't affect my driver license. Does it mean it's not a real traffic ticket?


    Quote Quoting cdwjava
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    What does it say on the citation? Is it a "Notice to appear" with a court date and the name of a law enforcement agency?

    When you were stopped, were the lights on the patrol vehicle red & blue? Or, were they only yellow? Red and blue would indicate law enforcement, yellow to the front would indicate security.

    And what code section is listed on the cite?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Must I Pay Speeding Ticket Issued in Private Property

    Citations in CA are standardized and they all look very similar as a matter of law.

    1.02.1.B does not match ANY state law, and it does not conform to any county or municipal code I have ever seen. Nor does it generate a hit to any local government code online.

    Who does it say you must pay a fine to? Does it give instructions as to what you have to do?

    This sounds like a homeowners association or security thing and not law enforcement. If you reside in the confines of the residential association this little thing could cause you problems if you do not take care of it.

  3. #3
    Join Date
    Apr 2011
    Posts
    12

    Default Re: Must I Pay Speeding Ticket Issued in Private Property

    It said mail the check to something something Country Club "Attn: Public Safety Administration". I don't think it's a government agency.
    How do I know if I reside in the confines of the residential association? I don't live there. I don't have HOA at the place I live now, I don't even own a house. What kind of trouble can they cause me? Can they send to collection agency if I don't pay?

    Quote Quoting cdwjava
    View Post
    Citations in CA are standardized and they all look very similar as a matter of law.

    1.02.1.B does not match ANY state law, and it does not conform to any county or municipal code I have ever seen. Nor does it generate a hit to any local government code online.

    Who does it say you must pay a fine to? Does it give instructions as to what you have to do?

    This sounds like a homeowners association or security thing and not law enforcement. If you reside in the confines of the residential association this little thing could cause you problems if you do not take care of it.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Must I Pay Speeding Ticket Issued in Private Property

    Quote Quoting highrollers
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    It said mail the check to something something Country Club "Attn: Public Safety Administration". I don't think it's a government agency.
    How do I know if I reside in the confines of the residential association? I don't live there. I don't have HOA at the place I live now, I don't even own a house. What kind of trouble can they cause me? Can they send to collection agency if I don't pay?
    Sounds like a civil thing to me. And you should know if you live inside the association's property. If you do, you may be required to pay pursuant to those covenants. If not, then I doubt there is anything they can really do ... aside from barring you entrance to the property in the future, perhaps.

  5. #5
    Join Date
    Apr 2011
    Posts
    12

    Default Re: Must I Pay Speeding Ticket Issued in Private Property

    Next time if I face situation like this again, should I refuse to give him my driver license? Can they call real cop and issue me a real citation?

    Quote Quoting cdwjava
    View Post
    Sounds like a civil thing to me. And you should know if you live inside the association's property. If you do, you may be required to pay pursuant to those covenants. If not, then I doubt there is anything they can really do ... aside from barring you entrance to the property in the future, perhaps.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Must I Pay Speeding Ticket Issued in Private Property

    Quote Quoting highrollers
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    Next time if I face situation like this again, should I refuse to give him my driver license? Can they call real cop and issue me a real citation?
    Maybe. Hard to say without knowing where this was. You are under no LEGAL obligation to provide identification to private security, but, that does not mean that there will not be consequences of some kind such as a detention for the "real" police, or a detention/arrest for trespassing or something else.

  7. #7
    Join Date
    Nov 2009
    Posts
    886

    Default Re: Must I Pay Speeding Ticket Issued in Private Property

    Quote Quoting highrollers
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    The citation says:
    Rule violation: 1.02.1.B, Speeding 35 mph.
    That section probably is based on something called “Model Penal Code” which appears in business law courses on college and university law school sites:

    Quote Quoting Model Penal Code § 1.02(1)(b)
    to subject to public control persons whose conduct indicates that they are disposed to commit crimes
    So probably they have adapted this standard language to their homeowner’s association rules in order to penalize residents and regular visitors for potentially unsafe conduct (and no doubt as well as to bring in more revenue to offset operating expenses).

  8. #8
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Must I Pay Speeding Ticket Issued in Private Property

    Quote Quoting cdwjava
    View Post
    Maybe. Hard to say without knowing where this was. You are under no LEGAL obligation to provide identification to private security, but, that does not mean that there will not be consequences of some kind such as a detention for the "real" police, or a detention/arrest for trespassing or something else.
    I'll also add to this, if the security guard were to hold you for local law enforcement to arrive, the police officer can write you a ticket (most likely careless driving) and the security guard would sign it as the complainant. But then the security guard would have to take a day off from work, to show to court if you were to contest the ticket.

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