Unsafe Movement

[Duhstxman]

Indiana I recently got a ticket for unsafe movement violation, the thing is i was doing donuts in the back of a church parking lot. The cop did not see me do it but said he smelt rubber. If it is priviate property becuase i rember when i got my license the Driving Instructor said i could drive the car around to the back becuase it was priviate property even if i didnt have my license and a adult in the car and not get a ticket. So basically is it lawful that i would get a ticket on private property ? Even tho it is not my private property.

[racer72]

The cop did not see me do it but said he smelt rubber.

Thats a good thing. You probably would have gotten a reckless driving ticket if he did see you.

If it is priviate property becuase i rember when i got my license the Driving Instructor said i could drive the car around to the back becuase it was priviate property even if i didnt have my license and a adult in the car and not get a ticket.

And you wouldn't get a ticket if you were driving lawfully.

So basically is it lawful that i would get a ticket on private property ?

Yes it is. Traffic laws to not end at the edge of the road, they also apply to areas open to the general public. Plus, do you think the legal owner of the property would be willing to give you permission to do donuts in the parking lot? Probably not.

Even tho it is not my private property.

Now you get it.

[OGofCRIMINALLAW]

Unfortunately, INDIANA'S driving codes are NOT on your side:

IC 9-30-5-9
Operation of vehicle in place other than public highway
Sec. 9. It is not a defense in an action under this chapter that the accused person was operating a vehicle in a place other than on a highway.

Driving violations used to be understood to mean PUBLIC HIGHWAYS in the years past. However, that's no longer the case. And judge rule accordingly. So the cop was within his rights to nail ya.

Thus, if i was you, i'd try to get the ticket knocked down to a simple tresspass (no points, nothing against the driving record). Tell the judge your story, see what he says. He may view it as harmless since even though you were on PRIVATE PROPERTY you had enuff sense to stay out of the public's way. Anything can happen in traffic court.

Good luck, let us know what happens!

[bobntina]

The IC you quoted covers DUI and that law was changed to include that clause about private property. There are several IC's that cover UTT's (traffic citations) on private property and no officer has the right to issue UTT's on private property without the permission of the property owner. Same that an officer does not investigate or issue citations while investigation accidents that occur on private property. DUI is not a civil issue but a criminal issue so the law is clear on the issue of DUI and private property.

Best,
Bob

[bobntina]

I also forgot to mention since your infraction occurred on business property it is covered under this IC 9-21-18. It states that for an officer to enforce traffic laws on business property they have to have a contract with the business property owner to do so and signs must be posted that all traffics laws will be enforced on the business property.

Best,
Bob

[racer72]

Please stop necroposting. This thread is a year and a half old and the party you are directing your posts to is long gone.