Can i get a ticket in a gated neighborhood

[ViperKiller04]

I was pulled over and given a speeding ticket in my gated community today. I did not think i could get a speeding ticket on a private road. This happened in hills. county florida by a city police officer. I was wondering if anyone has gotten similar tickets and had success fighting them. And this was not a serious offense it was 39 in a 30 in my beater POS saturn.

 

[DisposableHero]

id like to know too... i always thought you couldnt too.. just like those no left turn signs put up my the private owners

 

[SVT4ME]

Here in Vegas I too live in a gated community and it is private property. I would think not but am not a lawyer or a cop. Unless the owner asked for assistance in this matter which the association did perhaps. As property managers they can give permission to the police to enter and do what ever

 

[FordSVTFan]

On private property the local police can not enforce traffic laws unless given permission by the property owner or their representative. If your association granted that privilege to the local police, then it will happen.

 

[boostaholic]

They can't do a damn thing here, but they still try. I would research any agreements and policies regarding the police that the community has and then you'll know if you can successfully dispute it in court. Whenever we throw parties at one of the buddies houses who live in a gated community (a few are gated within gated) the cops might show up and we just tell them to go away. Good luck dude :thumbsup:

 

[NiteMareGT]

........Whenever we throw parties at one of the buddies houses who live in a gated community (a few are gated within gated) the cops might show up and we just tell them to go away. Good luck dude :thumbsup:

Remember that if something ever happens to you and you need help..... :loser:

 

[FordSVTFan]

They can't do a damn thing here, but they still try. I would research any agreements and policies regarding the police that the community has and then you'll know if you can successfully dispute it in court. Whenever we throw parties at one of the buddies houses who live in a gated community (a few are gated within gated) the cops might show up and we just tell them to go away. Good luck dude :thumbsup:

Sorry, I dont believe that for one second. :bs: While police can not enforce traffic laws in a gated community where the streets are "owned" by the association without the permission of the association or their representative, they most certainly can enforce criminal law without anyones permission.

I think you might be telling a security guard to go away. But, if you tell a L.E.O. to go away on a complaint call or an investigation into a criminal matter, you will probably see yourself arrested for obstruction or a similar charge.

 

[VirtualSVT]

I thought any road that connect to a public road can be policed like that?

 

[mswaim]

They can't do a damn thing here, but they still try. I would research any agreements and policies regarding the police that the community has and then you'll know if you can successfully dispute it in court. Whenever we throw parties at one of the buddies houses who live in a gated community (a few are gated within gated) the cops might show up and we just tell them to go away. Good luck dude :thumbsup:

So I guess we can all assume that you have followed your own advice and researched the CC&R's that govern the association for the property you claim you tell the police to "go away" from? Can you cut/paste the section in the bylaws and/or CC&R's that provides homeowners with the authority to circumvent state laws?

BTW - Don't waste your time, I (and everbody here) already know the answer and it's BULLSHIT!!!!!!!

 

[jshen]

Bingo!

On private property the local police can not enforce traffic laws unless given permission by the property owner or their representative. If your association granted that privilege to the local police, then it will happen.

That is the law in Georgia. I just got through drafting a petition for a gated community to have the traffic laws apply. Once the govt adopts the petition..and 30 days notice has been given...we're good to go.

 

[NyteByte]

Sorry, I dont believe that for one second. :bs: While police can not enforce traffic laws in a gated community where the streets are "owned" by the association without the permission of the association or their representative, they most certainly can enforce criminal law without anyones permission.

FordSVTFan is correct. I was on the board of a gated community here in Illinios and that's basically how it worked. Local LEO's had full permission to enter and enforce traffic laws any time they wanted.

We also had security guards, which really did not have any authority to write real tickets, but if you caused enough trouble, the association could get you in other ways.

 

[FordSVTFan]

FordSVTFan is correct. I was on the board of a gated community here in Illinios and that's basically how it worked. Local LEO's had full permission to enter and enforce traffic laws any time they wanted.

We also had security guards, which really did not have any authority to write real tickets, but if you caused enough trouble, the association could get you in other ways.

Indeed I know. I have done surveillance in gated communities. I have served warrants in gated communities and performed arrests in those same communities.

 

[03CobraDude]

On private property the local police can not enforce traffic laws unless given permission by the property owner or their representative. If your association granted that privilege to the local police, then it will happen.

So basically, if an officer drives by, and I'm doing a burnout, he/she cannot give me a ticket?

 

[SNCBOOM]

So basically, if an officer drives by, and I'm doing a burnout, he/she cannot give me a ticket?

grantED...past tense. So they probably just have to grant permission once and you could be ticketed

 

[FordSVTFan]

So basically, if an officer drives by, and I'm doing a burnout, he/she cannot give me a ticket?

If you are in a gated community that has no agreement with the police to enforce traffic laws in that community the answer is no he can not ticket you. But, if in your state reckless driving is a criminal matter (which it often is) then he can ticket you!

 

[VirtualSVT]

So basically, if an officer drives by, and I'm doing a burnout, he/she cannot give me a ticket?

Yes but cops have memories too. Try one.

 

[05 Roush]

As former Treasurer at my prior gated community, I can tell you it really depends on the citation and the road.

In Arizona, you can be cited for drunk driving in a GC with or without permission from the board. GC governing boards can also request speed clocking on private streets, but some cities in this state require the road to be properly posted in compliance with ADOT regulations. This includes properly posted signs at the correct placement, height, and dimensions.

If the road isn't properly posted, it can provide a loophole for offenses to get thrown out. Fortunately, however, most homeowners won't have a leg to stand on, especially if the posted rules are also in the bylaws.

 

[boostaholic]

So I guess we can all assume that you have followed your own advice and researched the CC&R's that govern the association for the property you claim you tell the police to "go away" from? Can you cut/paste the section in the bylaws and/or CC&R's that provides homeowners with the authority to circumvent state laws?

BTW - Don't waste your time, I (and everbody here) already know the answer and it's BULLSHIT!!!!!!!

Wow! I guess I should distinctly clarify the fact that I have significant respect for any leo and that they do not get enough credit for the work they do, that being said my response will not change as it was not a fabricated. All the times the POLICE were called to a friend's house they were either a: not responded to or b: disregarded. Does that mean I personally told some cop to go pleasure himself while drinking a bottle of grey goose holding a 3 foot zong singing "nah nah nah" like an immature retard? NO! Does it make any difference that the one of the neighbors in her development call the cops when someone is loud while grilling outside or playing in their pool at night? I don't know the law in every development in every state, I just figured I would share the only experience I have had regarding the subject as it happend to me recently and recommend checking the litigious constraints regarding traffic violations in that particular development :shrug: Obviously if you are being a menace anywhere in the us you are not going to be free to do as you please without risk of any consequence but certain minor infractions might be deemed legal in a specific situation where it would typically be deemed illegal. I know plenty of people in affluent neighborhoods who have been charged with traffic violations as well as other infractions regarding anything from a house party to a subpoena. Sorry for shitting in anyones cereal :shrug: You want bullshit then here is a picture of my girlfriend:

Didn't know it was such a touchy subject guys :beer:

 

[mswaim]

Wow! I guess I should distinctly clarify the fact that I have significant respect for any leo and that they do not get enough credit for the work they do, that being said my response will not change as it was not a fabricated. All the times the POLICE were called to a friend's house they were either a: not responded to or b: disregarded. Does that mean I personally told some cop to go pleasure himself while drinking a bottle of grey goose holding a 3 foot zong singing "nah nah nah" like an immature retard? NO! Does it make any difference that the one of the neighbors in her development call the cops when someone is loud while grilling outside or playing in their pool at night? I don't know the law in every development in every state, I just figured I would share the only experience I have had regarding the subject as it happend to me recently and recommend checking the litigious constraints regarding traffic violations in that particular development :shrug: Obviously if you are being a menace anywhere in the us you are not going to be free to do as you please without risk of any consequence but certain minor infractions might be deemed legal in a specific situation where it would typically be deemed illegal. I know plenty of people in affluent neighborhoods who have been charged with traffic violations as well as other infractions regarding anything from a house party to a subpoena. Sorry for shitting in anyones cereal :shrug: You want bullshit then here is a picture of my girlfriend:

Didn't know it was such a touchy subject guys :beer:

As I expected, the story now changes completely- bottom line is; no matter what state or in what gated community, if the police are summoned to investigate an issue they will not leave simply because you or your friends or anyone else tells them to leave.

 

[03CobraDude]

If you are in a gated community that has no agreement with the police to enforce traffic laws in that community the answer is no he can not ticket you. But, if in your state reckless driving is a criminal matter (which it often is) then he can ticket you!

Sorry... it didn't come out right, I meant if I was sitting in my own driveway...