How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Sam Your Own Question

Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 21903
Experience:  20 years of experience practicing law.
10707909
Type Your Legal Question Here...
Sam is online now
A new question is answered every 9 seconds

In the state of TN, if you were not on the public street, road

Customer Question

In the state of TN, if you were not on the public street, road or hwy to begin with. Can you be pulled over in a private parking lot, such as a shopping center, even though it has public access and cited for a non moving violation, specifically Improper placement of license plate? If so, or not, can you provide the TCA Code that covers the answer?

Thanks!
Submitted: 3 years ago.
Category: Legal
Expert:  Sam replied 3 years ago.

Hi

 

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

 

 

 

Sam, Attorney at Law
Category: Legal
Satisfied Customers: 21903
Experience: 20 years of experience practicing law.
Sam and 11 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
I would have to disagree, You pay for registration/tags, etc in order to use the public road, street or highways. There is no way that I could be cited for not having a license plate or any moving/non moving violation for my vehicle sitting in my driveway, on my private property. When you take your 15 yr old to the closed shopping center or closed school parking lot and teach them how to drive, are they driving without a license? Not unless they enter upon a public street, road or highway. Also, in the state of TN now, if you have an auto accident on private property, such as a shopping center, you can call the Police, but they will tell you that all they can do is make sure both parties exchange information. That they can not file a report or issue a citation on private property. Can you explain that? In certain instances or certain moving violations such as DUI, I have seen this upheld, but not on a non moving violation. For example, TCA Section 55-9-107 which relates to window tint, a non moving violation, states in Section (1) "It is unlawful for any person to operate, upon a public highway, street or road, any motor vehicle, in which any window that has a visible light transmittance equal to, but not less than, that specified in the Federal Motor Vehicle Safety Standard No. 205, has been altered, treated or replaced by the affixing, application or installation of any material that:" and it goes on... but the point is the first line...It doesn't say "on private property, on private property with public access, or in your driveway"....
Expert:  Sam replied 3 years ago.

Hi

 

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 info@justanswer.com

 

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

 

 

Customer: replied 3 years ago.

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.

Customer: replied 2 years ago.
Please provide the Tennessee Code Annotated that supports your statement. The proof is on the Officer after all , isnt it? When I look at TCA Title 55.. I see "operation of vehicles--rules of the ROAD"... This was on Private Property, not the "road"

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.