This is a common question that is usually in reference to someone getting charged with a traffic violation while in a driveway or on a private company’s parking lot. The answer can be very complicated, however, and depends on a number of different factors.
You should always discuss your specific case with a New York City traffic ticket lawyer from the Law Office of James Medows. We can help you determine if you shouldn’t have been ticketed and develop a defense to get your traffic violation dismissed.
Concerning private business parking lots, it is generally not permissible for an officer to issue a ticket for a violation that occurred in the lot. An exception might apply if someone was injured or left the scene of an accident.
Other exceptions might depend on the relationship that the owner of the property has established with the local police force. He or she might rely on private security, or the property owner might have given the police permission to enforce traffic laws on the property.
The validity of a ticket assessed on private property depends on whether the public has general access to the premises or driveway. If you have a gate or “no trespassing” signs, then the general public does not have access and the police are not allowed to enter without probable cause or a warrant.
However, if your traffic violation occurred while on a public road and you pulled into your driveway, the officer can follow and ticket you—unless it is marked as a private drive with “no trespassing” signs. That being said, the officer can return with a warrant and you will likely still be ticketed.
If you are facing a traffic citation that you received while on private property, you need to contest it. A traffic ticket can cost you a small fortune and even your license.