private property legit question

[hipashley]

my neighbor was on his way home from work around 11pm and in our neighborhood there is a stop sign right before you turn into a culdesac. he had pulled into his garage and was about to walk into his house when a sheriff pulled in his driveway with her lights on. she told him on the pa to get back in his truck so he went and sat in his truck parked in his garage. she said someone had filed a complaint that people were not stopping at the stop sign going into the culdesac and that she didnt see him make a complete stop. so....he got a ticket for failure to stop at a stop sign.

so a bunch of people are saying that she shouldnt have gone in his driveway because its private property and she wouldnt have been able to give him a ticket because he was out of his vehicle and that since it was so late at night its hard to tell wether or not a vehicle actually makes a complete stop with all 4 wheels not moving.

what do you think? is it worth fighting the ticket? is the private property thing correct?

[Citicop]

That would be a valid ticket here.

Private Property= not an issue. I issue people tickets on private property all the time.

I have 6 months to issue a ticket from the time I see the violation. Being out of your car makes no difference at all.

I don't need to see the wheels. If the hood and roof and trunk are all still moving, I don't need to see the wheels.

They will be unsuccessful in fighting this ticket.

My $.02...

Citicop.

[GoDirectly2Jail]

No, the location of the stop has no bearing on the location of the offense, private property or not. There is no such thing as "home base". Time of day, and whether or not he was in the truck or walking away from it also have no bearing on the offense.

Your neighbor has constitutional right to plead not guilty and fight the ticket, but none of what you've posted here would be a valid defense.

Sorry.

[Sgt. Slaughter]

Ask the detractors to show you a law or court case that supports ANY of what they believe.

For the record, the two posts above have it covered. The ticket's good.

[hipashley]

thank you!!!!

[Legoate]

It's the "if I make it to my driveway I'm safe" theory of law. This is often displayed by drunk drivers who think if they ignore you attempting to stop them and drive to their house that they can't be arrested.

Ollie Ollie Ox I'm Free!

[Creeker]

...so a bunch of people are saying that she shouldnt have gone in his driveway because its private property and she wouldnt have been able to give him a ticket because he was out of his vehicle and that since it was so late at night its hard to tell wether or not a vehicle actually makes a complete stop with all 4 wheels not moving.

what do you think? is it worth fighting the ticket? is the private property thing correct?

I don't know, as we've been learning from the news media, if enough people say it often enough, it somehow gradually becomes the truth....

[PapaBear]

I have chased numerous DUI subjects into their driveways and homes because they were under the mistaken idea, that when they arrived on their property, they were immune from law enforcement action. WRONG!

Same scenario as your neighbor. The violation occurred on a public street.

Good to go!!

[pac201]

did she have her hat on?