Legal question (traffic related)

**CaptainCaveMan** · 01-08-2008, 08:48 AM

If i'm hanging out in the parking lot, walmart can tell me to get the hell off their property.

So the parking lot is their property.

If i run a stop sign in their parking lot a cop can pull me over.

If it's walmart's private property should the cops be able to enforce public road laws on it?

I mean, in theory, if i put a stop sign up in the middle of my driveway and someone runs it in front of a cop does that cop have the right to give them a ticket?

**FasstChevys** · 01-08-2008, 08:51 AM

Originally Posted by CaptainCaveMan

If i'm hanging out in the parking lot, walmart can tell me to get the hell off their property.

So the parking lot is their property.

If i run a stop sign in their parking lot a cop can pull me over.

If it's walmart's private property should the cops be able to enforce public road laws on it?

I mean, in theory, if i put a stop sign up in the middle of my driveway and someone runs it in front of a cop does that cop have the right to give them a ticket?

I'm no lawyer, but if I'm not mistaken, if Walmart allows (or wants) the police to patrol their parking lot for security/safety/traffic reasons, I'd say yes, the police can pull you over in Walmart's parking lot and ticket you since they have Walmart's consent.

**rbob93** · 01-08-2008, 08:52 AM

No.

**CaptainCaveMan** · 01-08-2008, 08:53 AM

Originally Posted by FasstChevys

I'm no lawyer, but if I'm not mistaken, if Walmart allows (or wants) the police to patrol their parking lot for security/safety reasons, I'd say yes, the police can pull you over in Walmart's parking lot and ticket you since they have Walmart's consent to do so.

So if i call the cops and tell them to patrol my driveway to make sure people aren't running my stop sign they can ticket people in my driveway?

**FasstChevys** · 01-08-2008, 09:01 AM

Originally Posted by CaptainCaveMan

So if i call the cops and tell them to patrol my driveway to make sure people aren't running my stop sign they can ticket people in my driveway?

I'm not a lawyer, I was just giving you my two cents. Be reasonable. In which instance would have more traffic? Walmart? Or your driveway? Besides, 99% of the time, you'd be the only person violating your very own stop sign in your driveway, would you really want that?

But anyway, I really don't have the answer to your question. Hopefully someone else does.

**86 IROC-Z** · 01-08-2008, 09:08 AM

I don't know, but I was thinking the same thing... when I first got my license I was pulled over and threatened with Criminal Trespass, but I was also issued a Class D License Violations Citation.... I was going to argue that I shouldn't be ticketed for public road rules if I was supposedly on private property (hence the trespass threat)...

But I didn't even have to defend myself since according to the state codes the cop didn't have any grounds to write me that ticket, even though I did what was on the citation

**red99ws6** · 01-10-2008, 07:01 PM

i wish i had the extra time to dream up this kind of stuff

**02Ls1Formula** · 01-10-2008, 07:50 PM

my buddy got pulled over in the mall parking lot for speeding, so my guess would be that they could ticket you for breaking traffic laws

**SeVeReDiStOrTiOn** · 01-10-2008, 07:54 PM

Originally Posted by CaptainCaveMan

If i'm hanging out in the parking lot, walmart can tell me to get the hell off their property.

So the parking lot is their property.

If i run a stop sign in their parking lot a cop can pull me over.

If it's walmart's private property should the cops be able to enforce public road laws on it?

I mean, in theory, if i put a stop sign up in the middle of my driveway and someone runs it in front of a cop does that cop have the right to give them a ticket?

Traffic laws aren't enforceable on private property...that's one of the reasons why law enforcement won't show up to accident in a parking lot. But if you run a stop sign in a parking lot and cause the said accident....you will be found at fault if there's proof that you ran it.

I believe if the stop sign is exiting the parking lot onto a public road it is enforceable.

**tnthub** · 01-11-2008, 04:34 AM

Most commercial parking lots (malls and places like that), have an agreement with the town or city to patrol their lot for any violations. This helps relieve them of responsibility for any accidents which may occur and also provides the police/fire, and any other public vehicles a place to park or use the space for town authorized activities without having to ask permission every time.

So the answer is usually if an officer gives you a ticket on publically accessible commercial property it is valid.

**BLK02TransAm** · 01-11-2008, 05:30 AM

This issue varies from state to state. In Georgia, law enforcement can enforce the rules of the road in parking lots that have been established a common drive for traffic, meaning the parking lot gets a high enough volume of through traffic that people have made it an unofficial roadway. If that clause does not apply, the only private-property-enforceable violations that come to mind (again, for Georgia) are driving without insurance, DUI, reckless driving, and laying drags; there may be one or two more that escape me, as I have not done traffic enforcement in years.

The long and short of it is that it is POSSIBLE an officer could cite you for a traffic violation in a parking lot, in some cases, in some states.

**CaptainCaveMan** · 01-11-2008, 05:47 AM

Originally Posted by BLK02TransAm

This issue varies from state to state. In Georgia, law enforcement can enforce the rules of the road in parking lots that have been established a common drive for traffic, meaning the parking lot gets a high enough volume of through traffic that people have made it an unofficial roadway. If that clause does not apply, the only private-property-enforceable violations that come to mind (again, for Georgia) are driving without insurance, DUI, reckless driving, and laying drags; there may be one or two more that escape me, as I have not done traffic enforcement in years.

The long and short of it is that it is POSSIBLE an officer could cite you for a traffic violation in a parking lot, in some cases, in some states.

Interesting.

For the record, nothing happened. I was just looking at a stop sign in a parking lot the other day and for some reason it just popped in my mind.

**FasstChevys** · 01-11-2008, 05:52 AM

Originally Posted by tnthub

Most commercial parking lots (malls and places like that), have an agreement with the town or city to patrol their lot for any violations. This helps relieve them of responsibility for any accidents which may occur and also provides the police/fire, and any other public vehicles a place to park or use the space for town authorized activities without having to ask permission every time.

So the answer is usually if an officer gives you a ticket on publically accessible commercial property it is valid.

Thanks, that's what I was trying to say, but didn't say it as well as you did. (Post #2)