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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
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Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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DO POLICE HAVE JURISDICTION IN A PRIVATE RESIDENTIAL CONDOMINIUM

Resolved Question:

DO POLICE HAVE JURISDICTION IN A PRIVATE RESIDENTIAL CONDOMINIUM COMMUMITY ON A PRIVATE DRIVE IF NO ONE CALLED THEM?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.
For what charge?
Customer: replied 1 year ago.


SUPPOSED REASON FOR PULLING OVER THERE WAS VEHICLE PARKED BLOCKING ENTIRE DRIVE. ACTUALLY, VEHICLE WAS PARKED ON CURB WITH PARKING LIGHTS ON. ON ARRERST REPORT, REASON WAS OCGA40-6-123C. PERSON IN VEHICLE IS A RESIDENT IN THE COMMUNITY.

Expert:  Dwayne B. replied 1 year ago.
It is going to depend on whether the curb was located on a "roadway". Some roads in gated communities still meet the definition, which is found at 40-1-1(53) and states:

(53) "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term "roadway" shall refer to any such roadway separately, but not to all such roadways collectively.

Highway is defined as:

(19) "Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.


So, essentially, they would have the right if the roads there are publicly maintained.
Customer: replied 1 year ago.

THANK YOU FOR YOUR REPLY! SO, IF ROADS ARE MAINTAINED BY THE HOA THEN THIS WOULD NOT APPLY? THERE IS ONLY ONE WAY IN AND ONE WAY OUT AND NOT USED FOR PUBLIC TRAVEL. COMMERCIAL PUBLIC BETWEEN THE HOURS OF 8AM - 8PM. THE ROAD NAME SIGN IS BLUE ON ONE SIDE AND GREEN ON THE OTHER. DOES THIS HAVE ANY KIND OF LEGAL MEANING AND IF SO, WHAT? THEY HAVE NO JURISDICTION, CORRECT?

Expert:  Dwayne B. replied 1 year ago.
That is correct. It would not meet the requirements of the statute then. It would be the equivalent of giving someone a ticket for not using their turn signals when driving a farm truck across an open pasture.

I don't know of any legal meaning to the different colors on the road name sign. There shouldn't be any.

It's not a matter of jurisdiction so much as there is not a crime. For instance, if someone intentionally ran someone over with a car on that street then they would be able to make an arrest because the statute requirements are satisfied. In this case, a public maintained roadway is a part of the statute so it is a matter of a law not being broken, not that they don't have jurisdiction there.

Please don't forget to leave a positive rating. You can ask any follow up questions you have but leaving a positive rating prevents the question from timing out and gives me credit.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26932
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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