Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > TRAFFIC LAW > Speeding and Other Moving Violations
Reload this Page Speeding Tkt in Private Gated Community

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 05-09-2007, 11:03 PM
Junior Member
  
Join Date: May 2007
Posts: 1

Speeding Tkt in Private Gated Community

What is the name of your state? illinois

I received notice in the mail of a speeding ticket from a private gated community two weeks after the alleged occurrance. I received no indication at the time of occurrance of the speeding traffic offense. The ticket states I was going 36 mph in a 25 zone. The ticket fine is for $150 which is twice the amount of a public speeding ticket. I do have a right to appear at a hearing. What legal rights do I have? What should be my defense?

Thanks
    Reply With Quote
  #2  
Old 05-10-2007, 10:07 AM
Senior Member
  
Join Date: Jun 2004
Posts: 7,579
Quote:
Originally Posted by Carol N View Post
What legal rights do I have?
Quote:
Originally Posted by Carol N View Post
I do have a right to appear at a hearing.
Quote:
Originally Posted by Carol N View Post
What should be my defense?
How should we know? We weren't there, either. How about some details?
__________________
Quote:
Originally Posted by me
Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
    Reply With Quote
  #3  
Old 05-10-2007, 02:37 PM
Member
  
Join Date: Jul 2006
Location: MD, WV - formerly WA, UT, AL, MS and OR
Posts: 563
Sounds very flaky - enforcement by law enforcement is only good for the system of State highways - they do not have juristiction on private roads...


Sec. 11‑201. Provisions of act refer to vehicles upon the highways‑Exceptions.
The provisions of this Chapter relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except:
1. Where a different place is specifically referred to in a given section.
2. The provisions of Articles IV and V of this Chapter shall apply upon highways and elsewhere throughout the State.
(Source: P.A. 76‑1586.)

The speed restriction article also only includes highways not private roads.

No person may drive a vehicle upon any highway of this State at a speed which is greater than the applicable statutory maximum speed limit established by paragraphs (c), (d), (e), (f) or (g) of this Section.


Who issued this??? was it a home owners association???
__________________
_____________________________________________________
“[w]hen a statute is clear and unambiguous and the legislative intent is plain, the statute should not be interpreted by the courts, and in such case it is the duty of the courts not to construe but to apply the statute.”

"The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the 5th Amendment." Kent v. Dulles, 357 US 116, 125.
    Reply With Quote
  #4  
Old 05-10-2007, 02:41 PM
Senior Member
  
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
Quote:
Originally Posted by cepe10 View Post
...

Sounds very flaky - enforcement by law enforcement is only good for the system of State highways - they do not have juristiction on private roads...

....
How do you know it was government cop that issued this?

In any event, some states allow by law for cops to write tickets for offenses that occur on private property (e.g., drunk driving in a mall parking lot).

So, until we get the statute under which the poster got this ticket, we must remain silent.
__________________
There are two rules for success:

(1) Never tell everything you know.
    Reply With Quote
  #5  
Old 05-10-2007, 04:23 PM
Senior Member
  
Join Date: Feb 2007
Posts: 8,270
A road that's part of a subdivision that has been dedicated is legally a highway. If it's really private, it's not.
    Reply With Quote
Reply

« Previous Thread | Next Thread »


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Linear Mode Linear Mode
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 09:16 AM.

Contact Us - FreeAdvice - Archive - Privacy Statement - Top

IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.
FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.