Have Legal Questions? Ask a Lawyer Now.
The only law that will apply is the law that you were written the citation for, which is improper placement of a tag. This citation can be written even if your car is parked in your driveway - as every vehicle must be properly registered and tags displayed in accordance with the law regardless of where it located
There is not going to be any law that says such citations can be written even if the car is on private property.
If you have further questions, you can post them here and I will continue to assist. Otherwise, please remember to accept as that is how I get credit for my time and information in this matter. Thank you
You know, I believe I will opt out and let another expert debate this with you and explain why it is a proper citation.
I will put in for a request to have your deposit refunded to you. And you also can do so at firstname.lastname@example.org
Once I opt out another expert may then choose to assist you and your deposit will be refunded so if you accept a new answer you are not being charged twice
Good luck with this
IV. Issuance of Traffic Tickets: (61.1.2b)
A. Traffic citations should be issued to a violator who jeopardizes the safe and efficient flow of vehicular and pedestrian traffic, violations including, but are not limited to, hazardous or non- hazardous violations, operating unsafe and improperly equipped vehicles and violating City traffic laws i.e., speeding. (61.1.5c,d,f,h) If multiple infractions occur, check appropriate boxes or write in box provided on citation. (61.1.5 i) WARNINGS, however, may be issued under following circumstances: (61.1.2c)
1. There is a minor traffic infraction committed in those areas where traffic crash occurrences are minimal.
2. When the act may be due to ignorance of local ordinances, which may be a unique violation or a newly enacted law and/or regulation. A 30- day grace period will be established during which time only warnings are issued, unless a specific period is defined by statute.
3. Non-hazardous violations.
4. Or a violation of which the driver may not be aware.
B. Traffic citations and traffic summons are to be issued only on public streets and roadways. Citations and summons are not to be issued on private property or upon public property, which is not a public street or roadway, except in the following circumstances:
1. When the area in question has been designated as a restricted or prohibited parking zone. (Ex: Fire Lanes) In such cases, only a traffic citation covering the specific parking violation should be issued.
2. If an officer has observed an offender to be operating a vehicle on a public street or roadway and then pull onto private property, or onto public property, which is not a street or roadway, then the officer may follow that person onto said property and issue the citation.
3. Leaving the scene of a private property vehicle crash witnessed by the officer.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).