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is tis proper procedure for an officer

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dogfinder

Junior Member
is this proper procedure for an officer

:eek: What is the name of your state? MI. My vehicle was parked half in and out of a handicap space it was 5 till 9pm on 12-28-04.
This was on private property a Halmark store and a Kroger.
The stores were just about to close and my son was driving I told him to pull in were we did, their were no other cars around the parking lot was empty and we were at least 4 handicap stalls away the furthest from the building plenty of room for any other handicap persons to park.
As we walked out of the store from buying my wife a aniversary card there was an officer pulling around the corner I got into the drivers seat because my son was scared he is only 16 and has never delt with the police. The keys were not in the ignition and we had not even closed the doors I just waited for him to come up to the car. I said to him that he must be kidding and he asked for my handicap registration. I told him we didn't have one he then asked for my drivers license I asked why he needed it and he replied do you not have one. I said I did and he demanded it. is this legal?
He proceded to run my lic. He came back and told me I had a no bond Warrant in Detroit for non-payment of child support wich I had receipts for in my wallet. He took me to jail for the warrant. My big ? is was this legal did he have the right to ask for my lic. on private property when I was doing nothing wrong. I always thought that the only time they could ask would be if you were suspected of comitting some type of crime. If I would have just stayed in the store the only thing he could have done was ticket the vehicle thnx.
 
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BelizeBreeze

Senior Member
Everything as you posted during the incident are and were perfectly legal since you did not display a placard allowing you to park in a handicapped zone.
 

racer72

Senior Member
always thought that the only time they could ask would be if you were suspected of comitting some type of crime.
What do you call illegally parking in a handicap parking stall?

If I would have just stayed in the store the only thing he could have done was ticket the vehicle thnx.
In my state and possibly yours, your car would have been impounded.

Nothing else in your post suggests the officer did anything wrong. I would suggest talking to a local attorney if you want to fight the ticket.
 

dogfinder

Junior Member
BelizeBreeze said:
Everything as you posted during the incident are and were perfectly legal since you did not display a placard allowing you to park in a handicapped zone.
why would it be legal to ticket me personaly and not the vehicle? why is it legal to ask for my drivers lic. for a parking ticket?
 

BelizeBreeze

Senior Member
dogfinder said:
why would it be legal to ticket me personaly and not the vehicle? why is it legal to ask for my drivers lic. for a parking ticket?
Because you were behind the wheel. Because you were breaking the law. Because you allowed it by giving the officer your license. Because you were in control of the vehicle.

Next time I guess you won't be parking where you don't belong.
 

dogfinder

Junior Member
BelizeBreeze said:
Because you were behind the wheel. Because you were breaking the law. Because you allowed it by giving the officer your license. Because you were in control of the vehicle.

Next time I guess you won't be parking where you don't belong.
how was I in control if the keys were'nt in the ignition and the door was not shut we just walked out to the vehicle I don't see control here the vehicle is not registered in my name.
 

BelizeBreeze

Senior Member
dogfinder said:
how was I in control if the keys were'nt in the ignition and the door was not shut we just walked out to the vehicle I don't see control here the vehicle is not registered in my name.
Listen, I'm not going to waste anymore time trying to educate you.

Either pay the fine or fight it. That's your decision.
 

dogfinder

Junior Member
BelizeBreeze said:
Listen, I'm not going to waste anymore time trying to educate you.

Either pay the fine or fight it. That's your decision.
I don't have a problem with the fine for parking my problem is with the officer demanding my lic. do the have a right to do that on private property for a parking ticket? Thank you for wasting your time helping me understand!
 

CdwJava

Senior Member
dogfinder said:
I don't have a problem with the fine for parking my problem is with the officer demanding my lic. do the have a right to do that on private property for a parking ticket? Thank you for wasting your time helping me understand!
Yes, they do. In all states I am aware of, commercial property is generally considered to be a public place so the fact that it is privately owned and not owned by the government is not relevant.

And since you were in the driver's seat, you were the one who adopted the citation. You could have gotten your son and had him suck up the ticket had you so chosen - but you intentionally took the hit.

Even in my state (CA) had you been in the driver's seat, you could have been cited. If nobody was in the vehicle, it could have been cited and the registered owner would be on the hook for a citation of about $350.

It is commonplace to cite the driver or person apparently in control of the vehicle for a violation o fthe law. If you wish to contest the violation and say that it should not have been issued to you, then challenge the citation in court and present your son as the person who should be responsible. However, if you are the registered owner of the car, it is still going to be your responsibility to pay.

- Carl
 

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