1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Sec. 545.423 Crossing Property Ticket Help

Discussion in 'Speeding Tickets, Traffic & Moving Violations' started by SSEEYA, Jan 23, 2020.

  1. mightymoose

    mightymoose Moderator

    Messages:
    11,302
    Likes Received:
    1,936
    Trophy Points:
    113

    Oh I see it now. I mistook the parking lot for a road. Ya, that is shortcut, and surely the reason the officer was sitting there.
     
    Michael Wechsler likes this.
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

    Messages:
    9,110
    Likes Received:
    591
    Trophy Points:
    113

    Probably right. @PayrollHRGuy refers to one such scenario we have in New York City. Near a relative's home there is an intersection with a slow light and a gas station on the corner. Some cars would regularly cut through the gas station to avoid the waiting for the light to make a right turn. In addition to concerns of the property owner, it can also be a dangerous condition for pedestrians. Similar, but a different issue in big Texas and suburban areas where you have long driveways such as the one you posted.

    Perhaps if you can indicate that you're truly not from and not familiar with the area your argument might carry a little more weight as to a reason why it should be excused. But the letter of the law excusing the conduct seems to require a stop. This might be an attempt to cover popular situations which indicate some bona fide reason to believe the driveway isn't primarily being used as a shortcut and remove some subjectivity from interpretation, e.g. stopping for passenger drop off, being lost and stopping to look at a map/GPS to become reoriented, etc.

    Of note, providers of GPS-based directional services take care to update maps regularly to avoid their applications from identifying shortcuts like these (as well as being taken through dangerous areas, etc.) If you notice, the GPS shouldn't map you through a mall or extended driveway unless you're well into such an area.
     
  3. adjusterjack

    adjusterjack Super Moderator

    Messages:
    8,110
    Likes Received:
    2,206
    Trophy Points:
    113

    OP wrote

    I don't lack of familiarity will go too far as a defense. :D
     
    Zigner likes this.
  4. Highwayman

    Highwayman Well-Known Member

    Messages:
    1,844
    Likes Received:
    589
    Trophy Points:
    113
    Of course (as you probably know!), in NY the statute is different and probably wouldn't apply here.

    VTL § 1225. Avoiding intersection or traffic-control device. No person shall drive across or upon a sidewalk, driveway, parking lot or private property, or otherwise drive off a roadway, in order to avoid an intersection or traffic-control device.

    Just posting as information.
     

Share This Page