Careless Driving on Priviate Lot??

[trbelcher]

What is the name of your state (only U.S. law)? Michigan

I was written a ticket last night for careless driving, Michigan Vehicle Code 257.626B.

I was on a "skid pad" which is a large lot owned by a local truck driving school and I was spinning my car out for fun. First I will add I WAS NOT DRUNK, just very bored. After about 30 minutes of being there, a patrol car shows up, and pulls me over. I was written a Careless Driving ticket.

According to the MVC Law (as I understand) careless driving is "driving that is likely to endanger any person or damage property". No damage was done, other than a few skid marks on the pavement (which among the ones left by the semi-trucks there during the day will go un-noticed) and no one was in any danger what so ever (other than myself).

The skid pad IS however housed on the county fairground (public property) but is leased to MTDS (private owner). Should I fight this?

 

[ElvinMelvin]

This is the statute:

57.626b Careless or negligent operation of vehicle as civil infraction.
Sec. 626b.

A person who operates a vehicle upon a highway or a frozen public lake, stream, or pond or other place open to the general public including an area designated for the parking of vehicles in a careless or negligent manner likely to endanger any person or property, but without wantonness or recklessness, is responsible for a civil infraction.

No damage was done,

By my read, the statute does not state that damage needs to have been done, only that your driving was "likely to endanger any person or property[emphasis added]."

Since the lot was apparently open to the general public (unless you had some special authorization to be there, I am assuming you are part of the "general public"), someone could easily have wandered in and would likely have gotten hurt while you were having your "fun."

As to whether the private lease has any bearing, I will leave that to more expert posters.

 

[trbelcher]

Fences

I suppose I should note that the lot was totally fenced off from all sides with only one entrance.

 

[ElvinMelvin]

I suppose I should note that the lot was totally fenced off from all sides with only one entrance.

Was that entrance open to the public?

Were there any signs prohibiting unauthorized persons from entering?

 

[trbelcher]

fences 2

The enterance is private gated, however the location itself is public, with a private lease

 

[ElvinMelvin]

The enterance is private gated

That isn't precisely what I asked.

My point is that the statute says "open to the general public."

So, is it:

A) Open to the general public

B) Closed to the general public but you had permission to be there (with proof of this permission, of course)

C) Closed to the general public and marked as such and you had no such permission, meaning you were trespassing on private property.

Just FYI:

750.552 Trespass upon lands or premises of another; penalty.
Sec. 552.

Any person who shall wilfully enter, upon the lands or premises of another without lawful authority, after having been forbidden so to do by the owner or occupant, agent or servant of the owner or occupant, or any person being upon the land or premises of another, upon being notified to depart therefrom by the owner or occupant, the agent or servant of either, who without lawful authority neglects or refuses to depart therefrom, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the county jail for not more than 30 days or by a fine of not more than $50.00, or both, in the discretion of the court.