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Can police sit on private property to clock speeders?

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R

reeisele

Guest
I passed two cars, making a right-hand turn. Cop says I drove off road to do it. But the area I passed on is gavel. He was sitting in a driveway at that corner and pulled me over when I made the turn.

Please reply. I am considering fighting this.
 


X

Xjudge

Guest
Does not matter where the officer observes the violation, you can be cited. And I am fairly certain all 50 states have laws that make passing on the right illegal unless you are in a designated lane of travel. You do not present any evidence to show that your citation is dismissable.
 

sbbrbb

Junior Member
"x" really a judge?

An officer may not be on private property for the purpose of "catching speeders". Research a bit (i.e. knock on the door of the home where the driveway is) and find out if the officer had an official reason to be leaving said property and being present in the driveway at the time of his witnessing of your violation, and/ or had written permission from the property owner to set up a "speed trap" on said property.

It all comes down to the reason he was in the driveway. If it was not official and he did not in fact have written permission - or it was not his personal property - he/she was in fact trespassing.
 

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