Driving with No Lights in Darkness in Private Parking Lot

[Darren Rice]

My question involves a traffic ticket from the state of: Monte Claire, California.

So I was at the MonteClaire shopping plaza in the Best Buy parking lot. I pulled out of my spot and proceeded through the front of the parking place and i noticed the officer u-turn and then hit his lights, i pulled over and exited my car and waited by the door, where much happened but that's not the time and place right now. At the end I was given a ticket for VC 24250 No lights in darkness. I was not sure if i had them on or not, since when I left my car I most likely turned them off by habit, but I have my friend and his cousin who were witnesses to the whole thing and they said I did have them on. The altercation between me and the officer may have got him angry and to lie? Anyways, can he site me for that on private parking property?

And also something that is noteworthy of mentioning. On the ticket my court date appearance is 2/22/09. That's right. I'm suppose to show up in the past. Am I legally obligated to even go? And if I am does that dismiss the whole thing?

Also there will be another post of me asking for advice, about filing complaint and possible criminal charges against teh officer, as he physically battered me with no just cause, and was grossly out of procedural process.


Thanks!

P.S. Please leave sources. Thanks again.

[M'sta Mikey]

1. Parking in a plaza, as you did in Best Buy, is not, by law, a private parking area. It is public, and the laws apply. If you don't have your lights on after dusk, then you're in violation of your state laws.

2. NEVER, repeat, NEVER, exit your vehicle when pulled over by LEO. Remain in the car and await further instructions. Exiting a vehicle without LEO instuctions; they are trained to go into defense mode. Have you ever watched police reality show where an individual exits the vehicle when the officer is approaching and begins firing a weapon. They have absolutely no idea as to what your intentions are and can only assume that you might be hostile.

3. Consult with an attorney who is knowledgeable with the laws in your state as to what options you may have in fighting this ticket.

4. Appearance date of 2/22/09; honest mistake and a moot point. Come January 1, 2010, I'll still inadverently write checks with a date of 2009.

5. Why was the officer physical toward you? Could it be that you exited your vehicle, he asked you to step back inside, and you refused; wanting to know why he pulled you over?

Sources? Read the rest of the feedback you'll get

[cdwjava]

CVC 24250 appears to be applicable ANYWHERE.

24250. During darkness, a vehicle shall be equipped with lighted
lighting equipment as required for the vehicle by this chapter.

While the section does not indicate that it is effective only on public property, the preliminary provisions for the Division indicate that it is applicable only on the public roadways.

24001. This division and Division 13 (commencing at Section 29000),
unless otherwise provided, applies to all vehicles whether publicly
or privately owned when upon the highways, including all authorized
emergency vehicles.

So, I would argue that it does not apply to private property.

[Darren Rice]

Where did you get the the information about your first point?

[cdwjava]

And also something that is noteworthy of mentioning. On the ticket my court date appearance is 2/22/09. That's right. I'm suppose to show up in the past. Am I legally obligated to even go? And if I am does that dismiss the whole thing?

You can choose to ignore it if you wish. I suspect you should show on 2/22/10.

Also there will be another post of me asking for advice, about filing complaint and possible criminal charges against teh officer, as he physically battered me with no just cause, and was grossly out of procedural process.

What were your damages? Why will HE say he "battered" you?

The officer is allowed to use reasonable force to gain compliance. Were you charged with some other offense?

Your recourse is to make a complaint with the agency about the officer's actions and attitudes. You may also to consult an attorney about the possibility of a civil suit if you have some injury or a sufficient claim against the officer or the agency. Perhaps you can explain what happened?

[M'sta Mikey]

Thanks Carl - I stand corrected regarding the public/private property distinction.

[cdwjava]

Thanks Carl - I stand corrected regarding the public/private property distinction.

It is an easy mistake to make. These sorts of laws can vary a great deal by state. And even in CA some of those laws do apply in parking lots, others do not. There is sometime no real rhyme or reason.

[Darren Rice]

For the full story i posted in another section, as I didn't see it relevant in this thread.
here you go
http://www.expertlaw.com/forums/show...131#post378131

And I think I'll just show up on that date. haha I'm not too crazy.

But what he did was push me in my chest against my car with his fingers out to inflict pain. 3-5 times. I then responded why did you just commit a battery on me? I'm not being threatening or violent at all. I just want to stand here and talk about this. Why are you being agressive. When I first left my car and stood out side my door, he ordered me back in, I refused and said I wanted to stand right there and discuss this. He then raised his voices and cursed at me telling me to do it again. My intitial response was raiding my hands in a surrendering manner and taking a step or too slowly back to my car still facing the officer. He then got in my face and cursed at me and told me that he was gonna arrest me for getting out of my car, i argued he couldnt not and he got angry and then did the pushing aginst my chest with his fingers about 3-5 times.

sorry if im replying too the wrong people. I'm new here.

[cdwjava]

Actually, he could have arrested you for obstructing, resisting or delaying an officer pursuant to PC 148(a). you do not have a right to get out of your car when directed not to, nor to remain out when directed to get back in.

Yes, thumping you in the chest was unprofessional, but he could have arrested you. Personally, I would have just gone for your wrist and arm and slapped the cuffs on you.

My two previous options are still the viable options, though the lawsuit would seem to be a stretch.

[Darren Rice]

One question though. If he coulda then why didn't he? I mean these guys did not like me at all. They wanted me in jail I pissed them off because I didn't want to go back inside, however, i stated that I was willing to be completely compliant with the procedure. The two of the three officers repeatedly said "you're going to jail" "we're going to arrest you and you can spend some time in jail" And one even said, after i denied consent for a search, "that's fine I'll just arrest you, impound the car and search it anyways."

Also I looked up the PC and too my interpretation I was not obstructing delaying or resisting. Not too mention I was not under arrest in the first place. Or going to be from what I felt. But yet again the key word I stated is interpretation, though I sincerely believe his was perverted and out of proportion to the situation and circumstances that I created.