So I got a ticket today...

[its turbo time]

Hey I got a ticket today for expired plates, I know it's bull **** and I shouldn't have even been driving around with expired plates but I have a question that one of you might be able to answer.

Is it legal for a cop to pull you over in an apartment complex that you live in? The lady that works behind the desk said they shouldn't be able to give people tickets in the parking lot because it is considered private property. It's no big deal, only a $40 dollar ticket but I figured if I could get out of it I might as well try.

 

[John Larkin]

I think you can get a ticket for expired plates even parked unless your apartment is on an Indian reservation. Not gonna win this one.

 

[QuickBuick87]

I totally disagree. All you have to say is you were moving the car to another parking spot that just happens to be on PRIVATE property. Kinda like me moving my car on my property without plates and a cop giving me a ticket for driving an unregistered motor vehicle. You can win this by just signing "not guilty" and sending it in. Not worth there time for a pultry $40. Good luck.

Ken B.

 

[tommynos]

Hey I got a ticket today for expired plates, I know it's bull **** and I shouldn't have even been driving around with expired plates but I have a question that one of you might be able to answer.

Is it legal for a cop to pull you over in an apartment complex that you live in? The lady that works behind the desk said they shouldn't be able to give people tickets in the parking lot because it is considered private property. It's no big deal, only a $40 dollar ticket but I figured if I could get out of it I might as well try.

i have a questions and answer on this forum,and their is legal advise checking to answer questions everyday!post up the question and get it answered by legals..
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[Gary Wells]

Hey I got a ticket today for expired plates, I know it's bull **** and I shouldn't have even been driving around with expired plates but I have a question that one of you might be able to answer.

Is it legal for a cop to pull you over in an apartment complex that you live in? The lady that works behind the desk said they shouldn't be able to give people tickets in the parking lot because it is considered private property. It's no big deal, only a $40 dollar ticket but I figured if I could get out of it I might as well try.

-----------------------------
The fact that in your first statement you advised that you shouldn't have even been driving around with expired plates would lend me to believe that you were at some point driving on a public roadway to get to your apartment complex and they did not stop you until you got into the complex so I would think that they can pull you over in in the complex as the actual crime was commited on a public roadway. Just my $.02 worth though. Good luck with this regardless. HTH

 

[XLR8]

Pat the $40 - it could have been worse. A co-worker of mine got stopped driving her 1970 450SL Benz due to expired plates. She told the cop that she knew the plates were expired but she hadn't driven it all winter and was on her way from the emissions testing station (must have an inspection prior to getting registration) to the DMV to renew her plates. She then presented the emissions paperwork from the station 5 blocks away and said the DMV was less than a mile away. The cop said she was operating a motor vehicle against the law, made her get out of the car, and had the car towed to the impound lot!

 

[Quick6'n'-K.C.]

If you plan to get the car tagged and you dont want to spend the 40.00 on your ticket, go to the police station and ask to speak with the district attorney after you get the tags renewed. Say it was a honest mistake since they just expired ( if the car is registured in your name already)

If you dont plan to tag the car, just pay the ticket, its a non moving violation.

Ive been in the same situation with a car with no tags, ins, or reg and got a 24 dollar ticket for improper plate.. I paid it and immediately went to the DMV and tagged the car.

Just pay it and do the right thing.

BW

 

[SS_Sean]

Hey I got a ticket today for expired plates, I know it's bull **** and I shouldn't have even been driving around with expired plates but I have a question that one of you might be able to answer.

Is it legal for a cop to pull you over in an apartment complex that you live in? The lady that works behind the desk said they shouldn't be able to give people tickets in the parking lot because it is considered private property. It's no big deal, only a $40 dollar ticket but I figured if I could get out of it I might as well try.

Yes it's legal...it's called premises open to the public. If you were on private property which was barred by a gate and fencing, and only you could pass through, that would be another situation, but parking lots open to the public are fair game. The cop probably saw the expired tags out on the street anyway, and just followed you into the p/l.

Get your vehicle registered, pay your ticket and move on. Trying to squirm out of a blatant violation is kind of a childish situation. Soldier up!

 

[turbofish38]

A co-worker of mine got stopped driving her 1970 450SL Benz due to expired plates.!

Down here in FL they expire on your birthday. Its a b*tch when you have a dozen cars. But than the renewal only runs about $24-$29 per car. It's the insurance that kills me.

One time I was sitting in traffic court and some idiot got 4 or 5 tickets and was pleading before the judge. The last one was for expired plates. "How do you plead?" "Not Guilty" she said. After a short tiraid the judge finally said "you dont remember when your birthday is?" to which she replied "no I dont, I stopped counting at 30. That was the worst day of my life!". The judge had this look like he didn't want to know why and promptly dismissed that and two of the other tickets.

 

[72firebird]

I would just pay the ticket or fix the registration and just take it in and they'll probably drop it. You got lucky though. My brothers registration was expired by less than 10 days I believe and he didn't realize it and the towed his car. It really sucked for him because his car sits about 2" off the ground and they scrapped his rear bumper taking it off the flatbed. Plus he had to pay the impound fees and everything.

 

[its turbo time]

If you plan to get the car tagged and you dont want to spend the 40.00 on your ticket, go to the police station and ask to speak with the district attorney after you get the tags renewed. Say it was a honest mistake since they just expired ( if the car is registured in your name already)

I think that's what I'm going to do, the worst part is, I was waiting to get the personal property tax receipt to prove I had paid it and then I realized that day when I called them that they can look it up online anyway. Thanks for the advice everyone!

Oh yea and for the record, he didn't follow me off the highway, I pulled in, stopped to get my mail and then he pulled in a couple minutes later. Once I got my mail he just pulled in right behind me and pulled me over.

 

[gnxtc2]

Yes it's legal...it's called premises open to the public. If you were on private property which was barred by a gate and fencing, and only you could pass through, that would be another situation, but parking lots open to the public are fair game. The cop probably saw the expired tags out on the street anyway, and just followed you into the p/l.

Get your vehicle registered, pay your ticket and move on. Trying to squirm out of a blatant violation is kind of a childish situation. Soldier up!

Totally disagree. The car is on private property unless the cop followed him in from the road.

Billy T.
gnxtc2@aol.com

 

[Jbenn911]

Totally disagree. The car is on private property unless the cop followed him in from the road.

Billy T.
gnxtc2@aol.com

Or observed him driving off the property, or that state allows the issuance of summonses like that in quasi-public areas..

 

[GNBRETT]

In most states the law reads like this. If it is a parking lot with 10 or more vehicles then enforcement action can be taken for either a moving violation or equipment violation. Each state has its own laws but that is usually how it reads.

 

[SS_Sean]

Totally disagree. The car is on private property unless the cop followed him in from the road.

Billy T.
gnxtc2@aol.com

Every state is different and has different laws.

 

[salvageV6]

The exact infraction should be numbered on the ticket.

How that infraction can be applied should be on the MVD website in the statutes area, or from a state law library book, perhaps a reference book with statutes in your local main library, just look up the code and the paragraphs will be there how and when it can be enforced.

If it was a judgement call by the cop, I would argue it as needing to drive the car at my apartment complex for exercise and I went to get the mail in it only on private property.

Obviously if there was a chance he saw you on the street I wouldn't try that tactic.

I also would have politely mentioned that to argue the ticket before he gave it to me and tried to gauge his reaction to my comment, as that would be what he would testify to in court, in case you had to dispute it.

For a non moving violation it might be worth paying the $40 unless you can fool the prosecutor into believing a non street story and get it dropped.

Lots more information needed here especially on FL law.

 

[gnxtc2]

Every state is different and has different laws.

In order to be written a summons on private property, then the owner of the said property must petition the state to have the motor vehicle statues enforced on said property. This means, the private property must install all traffic signs as per laws governing sign installations, signs have to be a certain height/ size, etc. I dought an apartment complex has done this.

What can be enforced on private property is fire lanes and handicapped parking spots.

With the case above about getting issued a unregistered vehicle summons, was the vehicle towed? Usually unregistered vehicles are towed. So what you're saying is, a cop can stop in a car dealership and issue summonses for unregistered

Billy T.
gnxtc2@aol.com

 

[its turbo time]

Well I finally had my court date and they still made me pay the fine because they're cops and they do what they want. When I talked to the judge I told him that I showed my emissions and safety inspection to the officer and they told me that the officer has the right to write tickets for whatever he wants on anyone's property. Which makes no sense because that isn't the truth.

I guess it was naive of me to think that they wouldn't be stupid about it. I figured they could maybe cut me a break because I'm pretty sure I was the only person in that room that wasn't high on pcp at the time or in court for their 12th DWI.

 

[darkred87T]

Nah, they'll take your money because you work hard for it and have it unlike the folks you mentioned who probably already spent all their money on PCP.

 

[Brer Rabbit]

Look at ur ticket...

Where does the ticket say the violation was commited. Then go from there. Parking tickets cannot be wtitten on private property unless they are Handicapped or Fire violations. Other than those two we cannot write parkers on private lots. Was ur ticket a mover or a parker?