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To: longtermmemmory
"private communites can give authority to the police to write citations. Evidence of private or public must be brought to court.

How do private communities give this authority? Is it implicit or stated? The section of State Code under which my daughter is charged is fairly clear. As it reads she does not qualify even to be a defendant. We will arm ourselves with evidence, however, thanks to your observation.

Meanwhile, even the stop signs in our community do not fall within D.O.T. specifications. If they did not cite the other driver because "it is not a public highway," then it is grossly unfair to cite my daughter for operating a vehicle on a public highway without a license.

Those will be the arguments, and of they do not work, then my daughter will be advised to change her plea to "no contest."

110 posted on 07/15/2003 4:00:44 PM PDT by Fester Chugabrew
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To: Fester Chugabrew
If the signs do not met DOT standards you have to bring the FMVSS (federal motor vehicle safety standard) to court with you) Pictures too. The deal should be written. Be careful judges can be VERY ignorant when it comes to traffic law. (safety nazi's rule there)

Generally once a private community is developed, the development signs a "domestication" agreement with the local police department. this gives them authority over the roads and makes the roads public. No agreement then the roads are private land and police may not write citations. Use http://www.findlaw.com to search you state's specific rules. Check with the police department for the agreement.

Make preliminary motions to dismiss BEFORE your actual trial. If the Judge offers a "Withhold" or some non-adjudication result you should consider taking it. It should prevent the citation being used in a civil matter. Remeber NEVER SAY GUILTY. No contest, perhaps if the deal is right.

If you want a record consider hireing a court reporter. Generally 50-75 per hour. Not all traffic tickets hearings are recorded. Not all traffic cases involve prosecutors. Its about revenue NOT justice.
127 posted on 07/15/2003 6:54:34 PM PDT by longtermmemmory (Vote!)
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To: Fester Chugabrew
BUMP
138 posted on 07/16/2003 7:43:39 AM PDT by timestax
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