Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
The bigger question is why is anyone driving in NYC anyway? But seriously, all roadways apart from private driveways are in essence public property for the sake of traffic enforcement, and I'm pretty sure if you crashed into a tree next to your driveway because you were drunk and didn't even make it onto the street you'd still get slapped with a DUI. Just pay and don't pull it again, really no more complicated than that.
The bigger question is why is anyone driving in NYC anyway? But seriously, all roadways apart from private driveways are in essence public property for the sake of traffic enforcement, and I'm pretty sure if you crashed into a tree next to your driveway because you were drunk and didn't even make it onto the street you'd still get slapped with a DUI. Just pay and don't pull it again, really no more complicated than that.
What do you mean? Maybe because ....they want to? Like millions of others?
. Ok, you say the police have no right to give tickets in CVS's private/public lot, then WHO is in charge of writing tickets to the non-handicapped who park in a clearly marked spot? Can you picture a CVS checker running out of the store passing out tickets? Should the manager leave his duties and risk getting hurt by a very angry lazy "parker"?
With your logic, if there was one spot designated for CVS Employee of the month parking only, all others will be towed away sign on said spot, the city can come and enforce it if the car doesnt have employee of themonth smiley face decal on it?
The OP, despite being in the wrong, brings up many misconceptions and issues that I find valid points.
*Aside from Handicapped Spots, the rest of private lots are not controlled by parking agents. If you park in two spots, or stay in a 5 minute to-go food spot for an hour, etc. There are no fines or punishments against you. It is the lot owners responsibility to manage that- they could privately tow you. Frankly, at any given time, it's their property and you generally agree to T&C when you park there.
*Handicapped spots and fines are the responsibility of the state. Doesn't matter is 5 seconds or 5 hours. You can be fined, and it will NEVER be overturned.
*The OP, as does everyone, has a right to contest and fight his ticket. First off, just to plead not guilty may result in a reduction. Certainly that might be slightly more affordable than $180.
A lawyer will always take the case, but one like this stands little to no chance for error or dismissal. There is little subjective view as to interpretation of the law.
*While you may not love the OP for his actions- the fact that a sign is either out of date, or blatantly wrong is someone's responsibility. It could be CVS' or the City or the State- and doesn't forgive his actions. However if you go out and order from a menu at the restaurant, and get your bill later and find the items are 40% higher than the prices you saw when you sat down- you have an obligation to grievance.
if there are traffic control devices that were put there by local legislation approval then they can be inforced. a town or city mandated stop sign can get you a ticket by police in a mall parking lot.
police are supposed to respond and take accident reports too but they will try to duck doing it saying its private property and hope you dont push the issue.
the golden child is handicap spots as thats specifically addressed in state law as being enforcable. aside from that traffic enforcement doesnt get involved in parking violations in parking lots..
With your logic, if there was one spot designated for CVS Employee of the month parking only, all others will be towed away sign on said spot, the city can come and enforce it if the car doesnt have employee of themonth smiley face decal on it?
How freeking old are you?
Seriously..how old are you?
You sound like a 5 year old with your logic.
I'm not sure about NY but in CT the police can't come onto private property to issue a ticket, or so I have been told. Considering you parked in a handicap spot I feel you got what you deserved, those spots are for people that have issues with walking or can't walk at all. Hopefully next time you won't be so selfish to people less fortunate than you.
dont go by what you have been told. you have to read the traffic laws for your state. they are all different and most dont consider mall parking lots or even any private parking lots open to public motor vehicles really private.
because of it each state has its own little spin as to what they will ticket you for and what they wont.
for example the new york cell phone law reads"
Except as otherwise provided in this section, no person shall operate a motor vehicle upon a PUBLIC HIGHWAY while using a mobile telephone to engage in a call while such vehicle is in motion. An operator a motor vehicle who holds a mobile telephone to, or in the immediate proximity of his or her ear while such vehicle is in motion is presumed to be engaging in a call within the meaning of this section.
in ny law the word public highway takes on many other meanings and is different from the definition of just highway .
the term highway and public highway mean very different things in our law and are defined seperatley.
the question is can you get a cell phone ticket in a mall parking lot? i dont know the answer but as you can see that definition of public highway goes pretty far.
an attorney who commented had this to say:
VAT § 134 defines the term "public highway" as "Any highway, road, street, avenue, alley, public place, public driveway or any other public way."
VAT § 118 defines the term highway. But since a "highway" is just one of the things listed that make up a "public highway," Even if you could prove the parking lot was not a highway, it may still be a public place or other public way and thus still a public highway for purposes of the law.
It is pretty clear, though, that public highways are distinct from a private road, given the emphasis in § 134 on "public place, public driveway, or any other public way."
A private road is defined in VAT § 133 as "Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons." the problem, I think, is that a mall parking lot is not a "private road" since anyone in the public can park there—it is not limited to those with "express permission" of the owner. That would not be a surprising outcome since every state in which I practice the traffic laws define public roads broadly enough to include parking lots that are open to the general public, like mall parking lots.
"
Last edited by mathjak107; 03-18-2012 at 10:02 AM..
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
What do you mean? Maybe because ....they want to? Like millions of others?
