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  1. #1
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    Default Is It Legal to Receive Tickets when You're Parked in Your Own Driveway

    My question involves a traffic ticket from the state of: New York (Malverne)

    At 1:45AM on November 30th, I received two tickets: passing a stop sign, and failure to yield for an emergency vehicle.

    The incident occurred one block away from my house. As for the stop sign, I came to a full stop (intersection of North Cambridge and Rider Avenue in Malverne, NY). I was on Rider Ave, and the cop was coming up a block away on N. Cambridge.

    I go to the next stop sign, cop follows me. I make a left ONTO MY STREET (Linmouth Road). The cop starts flashing his lights, and I pull into the driveway of my own house. He then parks on the street, strolls right up to my driveway, asks me to get out of the car, and then issues me two tickets. He also called two more cop cars for back-up (all at 1:45AM).

    How can you receive a ticket when you're in the driveway of your own residence????? This must be illegal for a cop to do this, and I would like to know if there are any court cases or legal precedents stating whether or not this is legal.

    Both my mother and brother were also witnesses to seeing this occur right in our own driveway. My gut instinct tells me that I can pursue litigation with this particular occurrence. Any help or advice would be greatly appreciated!

  2. #2
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    Default Re: Is It Legal to Receive Tickets when You're Parked in Your Own Driveway

    Quote Quoting PD187540
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    Is It Legal to Receive Tickets when You're Parked in Your Own Driveway
    Yes.

    You weren't parked in your own driveway when the alleged violations were committed. You were on a public roadway. The officer follows you, lights you up, your pulling in your driveway does not make the violations go away.

  3. #3
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    Nov 2009
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    Default Re: Is It Legal to Receive Tickets when You're Parked in Your Own Driveway

    That still doesn't make sense, and I frankly think you're wrong. Tell me where exactly the officer has the right to issue these tickets. Give me a legal document that states UNDER WHAT PHYSICAL JURISDICTION these people can issue tickets, especially if it's on your own property. If there is no valid document explaining this, then I have a cause to fight this and establish a specific legal precedent. 99.9% of all moving violations occur while the driver can't possibly turn into his own driveway.

    What-if case scenarios:

    1 If I was parked in my own garage, could I receive a moving violations ticket?

    2. I was parked right next to my side door. IF I DIDN'T ACKNOWLEDGE THE COP AND WALKED RIGHT INTO MY HOUSE AND LOCKED IT (which is what I should've done), then what? He'd barge right in and give me a ticket??? That's illegal....please, c'mon here.

    3. What if I was driving while intoxicated, and an officer was going to pull me over and yet I pulled into my own driveway, WHERE I WAS THEN SAFE AND SOUND AT HOME? If he issues a DWI at that location, that's grounds for a lawsuit, and it's just morally unacceptable.

    4. It's NY State law to signal when changing lanes. However, can you also get ticket for not using your signal when making a turn? If so, and you don't signal when pulling into your own driveway (like you should), can a cop ticket you in your own driveway if he's right behind you to see that???

    Do you see what I mean here? The sheer stupidity of my occurrence is baffling. I will hereby plead "Not Guilty" to both of those tickets, and I will consult a traffic law attorney on this issue (for possible litigation, based on the act of being ticketed in your own driveway AND police encroachment/harassment). Two witnesses were also present at the scene, to which they will sign an affidavit.

    Good thing I'm writing this all down on here by the way, while the incident is still fresh in my mind. And I'll end this discussion with an analogy: you know how on the Monopoly board they have the spaces "Free Parking" and "Go To Jail" placed directly opposite one another? If you put those 2 spaces on the scale of justice and weigh them in my case, the "Free Parking" (which is what my OWN DRIVEWAY is for) rules here.

  4. #4
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    Aug 2007
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    Default Re: Is It Legal to Receive Tickets when You're Parked in Your Own Driveway

    Quote Quoting PD187540
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    That still doesn't make sense, and I frankly think you're wrong. Tell me where exactly the officer has the right to issue these tickets. Give me a legal document that states UNDER WHAT PHYSICAL JURISDICTION these people can issue tickets, especially if it's on your own property. If there is no valid document explaining this, then I have a cause to fight this and establish a specific legal precedent. 99.9% of all moving violations occur while the driver can't possibly turn into his own driveway.

    What-if case scenarios:

    1 If I was parked in my own garage, could I receive a moving violations ticket?
    You mean you parked in your garage after exiting the street after commiting infractions?


    as parked right next to my side door. IF I DIDN'T ACKNOWLEDGE THE COP AND WALKED RIGHT INTO MY HOUSE AND LOCKED IT (which is what I should've done), then what? He'd barge right in and give me a ticket??? That's illegal....please, c'mon here.
    A HOME entry is constitutionally different from an arrest and or a citation effected on private property outside the home.

    3. What if I was driving while intoxicated, and an officer was going to pull me over and yet I pulled into my own driveway, WHERE I WAS THEN SAFE AND SOUND AT HOME? If he issues a DWI at that location, that's grounds for a lawsuit, and it's just morally unacceptable.
    What constitutional violation would you base your suit on?


    I agree with the other poster.

  5. #5
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    Default Re: Is It Legal to Receive Tickets when You're Parked in Your Own Driveway

    Here are 2 excellent defenses:

    1. How could this officer know I ran through a stop sign while I was parked in my own driveway?

    2. He flashed his lights at me WHILE I WAS DRIVING ON MY OWN STREET. He DID NOT flash his lights at me at the stop sign where I supposedly committed the violation. Therefore, the "failure to yield for an emergency vehicle" ticket is moot because I DID yield for him by PULLING INTO MY OWN DRIVEWAY, thereby getting out of his way.


    All of these points will be discussed at the live, televised board meeting this Wednesday night. The Malverne Police Department is risking serious embarrassment, and if these tickets are not discharged, I have excellent grounds for taking this further. You may agree with the other poster as much as you'd like; however, this is my defense and there is worth to it.

  6. #6
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    Default Re: Is It Legal to Receive Tickets when You're Parked in Your Own Driveway

    Quote Quoting PD187540
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    Here are 2 excellent defenses:

    1. How could this officer know I ran through a stop sign while I was parked in my own driveway?

    2. He flashed his lights at me WHILE I WAS DRIVING ON MY OWN STREET. He DID NOT flash his lights at me at the stop sign where I supposedly committed the violation. Therefore, the "failure to yield for an emergency vehicle" ticket is moot because I DID yield for him by PULLING INTO MY OWN DRIVEWAY, thereby getting out of his way.


    All of these points will be discussed at the live, televised board meeting this Wednesday night. The Malverne Police Department is risking serious embarrassment, and if these tickets are not discharged, I have excellent grounds for taking this further. You may agree with the other poster as much as you'd like; however, this is my defense and there is worth to it.
    Here is what you asked in your 1st post; How can you receive a ticket when you're in the driveway of your own residence?????

    The Q was answered correctly, it is not UNconstitutional. You mention nothing about the actual charges being supported by facts, as in you are innocent.

  7. #7
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    Default Re: Is It Legal to Receive Tickets when You're Parked in Your Own Driveway

    Quote Quoting BOR
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    Here is what you asked in your 1st post; How can you receive a ticket when you're in the driveway of your own residence?????

    The Q was answered correctly, it is not UNconstitutional. You mention nothing about the actual charges being supported by facts, as in you are innocent.
    Based on my above arguments, these tickets must be dropped, since the entire police department and the law that they represent will be subject to serious revision and embarrassment. If it's not unconstitutional, where does it specifically state that?

    And by the way, my ticket says "PASSED stop sign". It does NOT state "failure to come to a full stop at stop sign". Therefore, OF COURSE you PASS a stop sign after you stop at it, so why am I being cited for that???? My arguments still hold as valid.

    If any of you would like videotape copies of the town board meeting this Wednesday night, I would be more than happy to furnish them.

  8. #8
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    Default Re: Is It Legal to Receive Tickets when You're Parked in Your Own Driveway

    If BOR can't come up with any constitutional protections for you, I don't know who can.

    My guess is you will come across on your "live, televised board meeting" looking about the same as you do here. I really don't think it's the police department who will be "risking serious embarrassment".

    By the way, if robbed a store, got chased by the police, and drove into your driveway, do you really think the police would just "go away"?

    And, feel free to waste all the time and money you want on lawyers "for possible litigation, based on the act of being ticketed in your own driveway AND police encroachment/harassment". I wish you the best of luck.

    Barry

  9. #9
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    Default Re: Is It Legal to Receive Tickets when You're Parked in Your Own Driveway

    You forgot to call:

    olly olly oxen free.

    If you don't do that once you reach home base, they can still issue the tickets.

  10. #10
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    Default Re: Is It Legal to Receive Tickets when You're Parked in Your Own Driveway

    Quote Quoting PD187540
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    Based on my above arguments, these tickets must be dropped, since the entire police department and the law that they represent will be subject to serious revision and embarrassment. If it's not unconstitutional, where does it specifically state that?

    And by the way, my ticket says "PASSED stop sign". It does NOT state "failure to come to a full stop at stop sign". Therefore, OF COURSE you PASS a stop sign after you stop at it, so why am I being cited for that???? My arguments still hold as valid.
    Then your gravaman is one of innocence.

    I have never read a case where the argument was one of can an officer ticket you on private property for crimes commited on a public road. I have though read cases where a person has argued, say they were speeding in a Mall parking lot, private property, the officer does not have criminal law jurisdiction to cite, per the defendant, as the crime was not committed on a road highway.

    IF you argue the state has NO criminal law jurisdiction to cite on PP, the burden is on you to prove it. If you simply tell the court it is UNconstitutional, it may or may not cite law, just rule.


    As I stated, a home entry is quite constitutionally different from a non home arrest/cite. A citation and or arrest requires probable cause, you are claiming innocence, so be that. The officer charged under oath with PC. He can "Seize" you, which a citation is, a temporary seizure, on private property.


    You have to show the court why this seizure was UNconstitutional, either by federal or state law.

    Quote Quoting blewis
    View Post
    If BOR can't come up with any constitutional protections for you, I don't know who can.

    Barry
    Why that was kind of you to say my cyber friend.

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