Traffic Law Question

TheMalcolmConnection · 10-15-2009, 12:16 PM

My wife and I have been arguing this for years and I just finally thought about it to ask...

When you are coming out of a parking lot for a restaurant, etc, do you HAVE to stop by law?

FRPLG · 10-15-2009, 12:21 PM

No. Not by technical law. The more general laws of yielding to oncoming traffic and driving safely would apply but only if the actions continued onto the public road. Within a private parking lot though no particular traffic laws can be enforced like they can on public roadways as I understand it.

I had an accident once in a parking lot that was entirely my fault. I didn't get a ticket because it was a private lot. The cop even said when he got to the scene that he couldn't write a ticket. He just handled the situation as a mediator type and made note of the descriptions of the accident for insurance purposes.

FRPLG · 10-15-2009, 12:35 PM

I guess to be more accurate they don't by default enforce most traffic laws. Particular localities can adopt ordinances enforcing some or all traffic laws. But some traffic laws apply regardless of public or private roads like DUI and such.

In this case of stopping the answer is almost assuredly no. Absent a stop sign they can't even require you to stop on a public road unless not stopping would be reckless. Even with a stop sign on a private road they most likely don't have an ordinance particularly enforcing that law on private roads.

TheMalcolmConnection · 10-15-2009, 12:36 PM

THANK You! That's exactly what I thought.

RobH4413 · 10-15-2009, 12:55 PM

I should have fucking gone to court because I got a ticket for the exact same thing.

I knew I wasn't going to get out of the ticket initially because I said "Excuse... whats the problem sir".... and she responded with "It's Maim".

Dagger.

RobH4413 · 10-15-2009, 12:56 PM

Another sort of unrelated question.

I recently stopped driving and forgot to turn my tags in. I have an outrageous (3000$) fine for not turning them in. Is there anything I can do about this?

It seems ridiculous to charge me 3000$ for something that insignificant. I'm in college and really can't afford that BS.

firstdown · 10-15-2009, 01:51 PM

Quote:

Originally Posted by RobH4413

Another sort of unrelated question.

I recently stopped driving and forgot to turn my tags in. I have an outrageous (3000$) fine for not turning them in. Is there anything I can do about this?

It seems ridiculous to charge me 3000$ for something that insignificant. I'm in college and really can't afford that BS.

Your probably getting fined for having valid tags and not having insurance. In Va. its a $500 fine and you can go through a process to appeal the fine but not sure in MD. I have had customers who sold the car and showed proof to DMV and they let them slide. If MD allows an appeal your going to have to show that the car was either sold or not in use. The second one is tough to prove.

As for the stopping coming out of the parking lot. Its an implied law that you must stop or yeild to trafic. If you fail to do so and cause an accident you can be charged with failure to stop or something like that. Even if you do stop your its almost 100% of the time your fault.

over the mountain · 10-15-2009, 02:15 PM

Quote:

Originally Posted by TheMalcolmConnection

My wife and I have been arguing this for years and I just finally thought about it to ask...

When you are coming out of a parking lot for a restaurant, etc, do you HAVE to stop by law?

if you are coming our of a parking lot with no control signals (stop sign, traffic light) onto a street/roadway there is the antiquated "boulevard rule". which simply stands for the proposition that the lesser roadway must yield to traffic on the greater roadway (i.e. a boulevard).

ive handled accident cases which occured entirely in a parking lot and they are very difficult as there is no real right-of-way.

lol i recently handled a DUI cases in which the guy was arrested for DUI as he was pulling out of a parking space at a gas station. i briefly mentioned that the parking lot was private for the customers of the gas station and therefore it was not a public roadway in which the police would have jurisdiction . . . . fortunately it plead out.

go skins!!

JoeRedskin · 10-15-2009, 02:59 PM

If the commercial property has a right of access onto the highway, it's the same as coming out of your own driveway and the boulevard rule would apply. As to that rule, if an accident occurs, the person exiting the driveway is presumed to be in the wrong.

If the commercial property does not have a right of access AND there is a posted stop sign at the exit THEN you would have to stop.

Without govt. control of the access AND a traffic control device, it's the boulevard rule.

FRPLG · 10-15-2009, 03:15 PM

Quote:

Originally Posted by JoeRedskin

If the commercial property has a right of access onto the highway, it's the same as coming out of your own driveway and the boulevard rule would apply. As to that rule, if an accident occurs, the person exiting the driveway is presumed to be in the wrong.

If the commercial property does not have a right of access AND there is a posted stop sign at the exit THEN you would have to stop.

Without govt. control of the access AND a traffic control device, it's the boulevard rule.

Sure if you want to be all smarty pants lawyer I guess

dmek25 · 10-15-2009, 03:19 PM

Quote:

Originally Posted by firstdown

Your probably getting fined for having valid tags and not having insurance. In Va. its a $500 fine and you can go through a process to appeal the fine but not sure in MD. I have had customers who sold the car and showed proof to DMV and they let them slide. If MD allows an appeal your going to have to show that the car was either sold or not in use. The second one is tough to prove.

As for the stopping coming out of the parking lot. Its an implied law that you must stop or yeild to trafic. If you fail to do so and cause an accident you can be charged with failure to stop or something like that. Even if you do stop your its almost 100% of the time your fault.

does it matter if your not driving? i think up here you can get away with this, as long as your not behind the wheel

TheMalcolmConnection · 10-15-2009, 03:40 PM

Outstanding. I just pwned my wife. Thanks for all the help.

firstdown · 10-15-2009, 03:52 PM

Quote:

Originally Posted by dmek25

does it matter if your not driving? i think up here you can get away with this, as long as your not behind the wheel

I'm going by Va. laws but I'm sure its about the same in most states and the answer to your question is no. They only look to see if you had valid tags and if you had ins. If you cannot show you have coverage then they fine you. Now you can appeal and in some cases if you can show 100% that the car was off the road they may let you off. The two cases I can think of is a customer had his car at a repair shop when his ins ran out but he got coverage back before driving the car. He used the papper work from the shop and from his insurance co. to show that when the car was parked it had no ins. but that he did have ins when he picked it up. He won his appeal. I had another customer who had his car in HIS garage working on it and let his ins run out. He had receipts to show he was working on the car but did not have a that third party to back him. In his case he lost.

saden1 · 10-15-2009, 03:56 PM

Quote:

Originally Posted by FRPLG

No. Not by technical law. The more general laws of yielding to oncoming traffic and driving safely would apply but only if the actions continued onto the public road. Within a private parking lot though no particular traffic laws can be enforced like they can on public roadways as I understand it.

I had an accident once in a parking lot that was entirely my fault. I didn't get a ticket because it was a private lot. The cop even said when he got to the scene that he couldn't write a ticket. He just handled the situation as a mediator type and made note of the descriptions of the accident for insurance purposes.

What he said...no stop sign, no need to come to a full stop but using caution is advised because main road drivers always have right of way.

JoeRedskin · 10-15-2009, 03:59 PM

Quote:

Originally Posted by FRPLG

Sure if you want to be all smarty pants lawyer I guess

Well, I always try to wear my smarty pants. Except when I can't find them and they become my F'ng pants. (Wouldn't it be great if we could tell when women were wearing their F'ing pants?)

10-15-2009, 12:16 PM	#1
TheMalcolmConnection I like big (_\|_)s. Join Date: Dec 2004 Location: Lexington, Virginia Age: 43 Posts: 19,225	Traffic Law Question My wife and I have been arguing this for years and I just finally thought about it to ask... When you are coming out of a parking lot for a restaurant, etc, do you HAVE to stop by law? __________________ Regret nothing. At one time it was exactly what you wanted.

10-15-2009, 12:21 PM	#2
FRPLG MVP Join Date: May 2004 Age: 46 Posts: 10,164	Re: Traffic Law Question No. Not by technical law. The more general laws of yielding to oncoming traffic and driving safely would apply but only if the actions continued onto the public road. Within a private parking lot though no particular traffic laws can be enforced like they can on public roadways as I understand it. I had an accident once in a parking lot that was entirely my fault. I didn't get a ticket because it was a private lot. The cop even said when he got to the scene that he couldn't write a ticket. He just handled the situation as a mediator type and made note of the descriptions of the accident for insurance purposes.

10-15-2009, 12:35 PM	#3
FRPLG MVP Join Date: May 2004 Age: 46 Posts: 10,164	Re: Traffic Law Question I guess to be more accurate they don't by default enforce most traffic laws. Particular localities can adopt ordinances enforcing some or all traffic laws. But some traffic laws apply regardless of public or private roads like DUI and such. In this case of stopping the answer is almost assuredly no. Absent a stop sign they can't even require you to stop on a public road unless not stopping would be reckless. Even with a stop sign on a private road they most likely don't have an ordinance particularly enforcing that law on private roads.

10-15-2009, 12:36 PM	#4
TheMalcolmConnection I like big (_\|_)s. Join Date: Dec 2004 Location: Lexington, Virginia Age: 43 Posts: 19,225	Re: Traffic Law Question THANK You! That's exactly what I thought. __________________ Regret nothing. At one time it was exactly what you wanted.

10-15-2009, 12:55 PM	#5
RobH4413 Wildcard Bitches Join Date: Jan 2006 Location: Bethesda, MD Age: 39 Posts: 2,638	Re: Traffic Law Question I should have fucking gone to court because I got a ticket for the exact same thing. I knew I wasn't going to get out of the ticket initially because I said "Excuse... whats the problem sir".... and she responded with "It's Maim". Dagger. __________________ This is what happens when you find a stranger in the Alps!

10-15-2009, 12:56 PM	#6
RobH4413 Wildcard Bitches Join Date: Jan 2006 Location: Bethesda, MD Age: 39 Posts: 2,638	Re: Traffic Law Question Another sort of unrelated question. I recently stopped driving and forgot to turn my tags in. I have an outrageous (3000$) fine for not turning them in. Is there anything I can do about this? It seems ridiculous to charge me 3000$ for something that insignificant. I'm in college and really can't afford that BS. __________________ This is what happens when you find a stranger in the Alps!

10-15-2009, 02:59 PM	#9
JoeRedskin Contains football related knowledge Join Date: Mar 2004 Location: Second Star On The Right Age: 62 Posts: 10,401	Re: Traffic Law Question If the commercial property has a right of access onto the highway, it's the same as coming out of your own driveway and the boulevard rule would apply. As to that rule, if an accident occurs, the person exiting the driveway is presumed to be in the wrong. If the commercial property does not have a right of access AND there is a posted stop sign at the exit THEN you would have to stop. Without govt. control of the access AND a traffic control device, it's the boulevard rule. __________________ Strap it up, hold onto the ball, and let’s go.

10-15-2009, 03:40 PM	#12
TheMalcolmConnection I like big (_\|_)s. Join Date: Dec 2004 Location: Lexington, Virginia Age: 43 Posts: 19,225	Re: Traffic Law Question Outstanding. I just pwned my wife. Thanks for all the help. __________________ Regret nothing. At one time it was exactly what you wanted.

Traffic Law Question

Parking Lot