Moving violation at gas station

[nolow]

What is the name of your state?Florida

I backed into a vehicle while I was at a gas station parking lot. The officer issued me a moving violation for improper backing. I was told that officers can not issue traffic infractions that occur on private property. If you run a stop sign or any other traffic infraction on private property (mall, retail center, gas station, etc..), can you still be issued a ticket? What if I backed up my vehicle in my own driveway and hit my wife's car, would they issue the same ticket?

[racer72]

There is a difference between private property open to public use and privately owned property. You have just found out the difference. If traffic control devices on private property are required per statute or code, the police can ticket for violating said signage.

[nolow]

Originally Posted by racer72

There is a difference between private property open to public use and privately owned property. You have just found out the difference. If traffic control devices on private property are required per statute or code, the police can ticket for violating said signage.

Thanks for letting me know the difference. Where can I find statutes pertaining to private property open to public use, or would this be under a local ordinance? In the case of the gas station, would it be pointless to dispute the ticket? I guess I would have to read applicable laws to answer the last question, since I don't really know if there is a defense.

[poohmantbb]

Originally Posted by racer72

There is a difference between private property open to public use and privately owned property. You have just found out the difference. If traffic control devices on private property are required per statute or code, the police can ticket for violating said signage.

Although I do not claim that Racer is wrong, I know that in Oregon, an officer cannot cite someone for an infraction on premisis open to the public. However, a crime, like DUII is arrestable on premisis open to the public.

If I had someone run a stop sign in a mall parking lot, there is not a darn thing I can do..... well, except for follow them and wait for a chippy infraction on the public highway, then cite them for that.

Racer, trust me, I am not trying to argue with you, but for learning purposes, can you give me an example of where TCD on private property are required by statute. The only thing I could think of would be a stop sign or light at the exit onto a public highway. Maybe that is what the OP is facing.

[You Are Guilty]

Originally Posted by poohmantbb

Although I do not claim that Racer is wrong, I know that in Oregon, an officer cannot cite someone for an infraction on premisis open to the public. However, a crime, like DUII is arrestable on premisis open to the public.

If I had someone run a stop sign in a mall parking lot, there is not a darn thing I can do..... well, except for follow them and wait for a chippy infraction on the public highway, then cite them for that.

Racer, trust me, I am not trying to argue with you, but for learning purposes, can you give me an example of where TCD on private property are required by statute. The only thing I could think of would be a stop sign or light at the exit onto a public highway. Maybe that is what the OP is facing.

A few possibilites:

316.006 (2)(b) A municipality may exercise jurisdiction over any private road or roads, or over any limited access road or roads owned or controlled by a special district, located within its boundaries if the municipality and party or parties owning or controlling such road or roads provide, by written agreement approved by the governing body of the municipality, for municipal traffic control jurisdiction over the road or roads encompassed by such agreement.

316.006 (3)(b) A county may exercise jurisdiction over any private road or roads, or over any limited access road or roads owned or controlled by a special district, located in the unincorporated area within its boundaries if the county and party or parties owning or controlling such road or roads provide, by written agreement approved by the governing body of the county, for county traffic control jurisdiction over the road or roads encompassed by such agreement.

316.003 (53) STREET OR HIGHWAY.--

(a) The entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic;

(b) The entire width between the boundary lines of any privately owned way or place used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons, or any limited access road owned or controlled by a special district, whenever, by written agreement entered into under s. 316.006(2)(b) or (3)(b), a county or municipality exercises traffic control jurisdiction over said way or place

316.1985 Limitations on backing.--

(1) The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic.

(2) The driver of a vehicle shall not back the same upon any shoulder or roadway of any limited access facility.

(3) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

It's really not all that uncommon.

[HomeGuru]

Originally Posted by nolow

Thanks for letting me know the difference. Where can I find statutes pertaining to private property open to public use, or would this be under a local ordinance? In the case of the gas station, would it be pointless to dispute the ticket? I guess I would have to read applicable laws to answer the last question, since I don't really know if there is a defense.

**A: I would like to know the stand that your insurance company is taking.

[poohmantbb]

Originally Posted by You Are Guilty

It's really not all that uncommon.

Interesting. What state are those statutes from?

[nolow]

I'm having difficulty finding a definitive answer. Do you think I should dispute the ticket? Would the clerks office be able to answer the question, or should I try calling a superior officer at the issuing PD. I'm know it is out of their hands now, but I don't really know if it is in my best interest to dispute the ticket without finding out whether or not I should have been issued the ticket.

Any help would be greatly appreciated.

[You Are Guilty]

Originally Posted by poohmantbb

Interesting. What state are those statutes from?

Florida, thilly!

OP, those statutes are from your state. From my point of view, they seem to say you're on the hook, but if you feel like fighting, go right ahead.