Is they is, or is they aint???

hermannr · Oct 12, 2011

Schlitz said:
This is America's police force. I mean seriously? WTF!? Unlicensed, uninsured, AND A BAD DRIVER and the cop just turns her head? Are you kidding me? It's like a big joke man.

Schlitz: think about this...I let my 13 year-old granddaughter drive my old beater Ford F250 4X4 on my private property. That old truck has not been licensed or insured since 2003, it is only used for firewood, clearing snow off the driveway, getting hay, never leaves the property....

So, lets say (this has not happened, but let's say it did). Someone, we do not know, drives down our driveway, and the grandkids are playing with that old truck, and they hit that visitor's car...do I need to call the Sheriff? If the visitor called the Sheriff would the 13 year-old be in trouble for driving without a license? Would I be in trouble for having no insurance? and no current license on the truck, and/or for allowing an unlicensed person to drive the truck?

The answer to all of the above is NO. No-one would be in legal trouble because it all happened on private property. I would be liable for any damages, but no-one would be in legal hot water.

Do you understand my hypothetical case? Do you agree?

Metalhead47 · Oct 12, 2011

hermannr said:
Schlitz: think about this...I let my 13 year-old granddaughter drive my old beater Ford F250 4X4 on my private property. That old truck has not been licensed or insured since 2003, it is only used for firewood, clearing snow off the driveway, getting hay, never leaves the property....

So, lets say (this has not happened, but let's say it did). Someone, we do not know, drives down our driveway, and the grandkids are playing with that old truck, and they hit that visitor's car...do I need to call the Sheriff? If the visitor called the Sheriff would the 13 year-old be in trouble for driving without a license? Would I be in trouble for having no insurance? and no current license on the truck, and/or for allowing an unlicensed person to drive the truck?

The answer to all of the above is NO. No-one would be in legal trouble because it all happened on private property. I would be liable for any damages, but no-one would be in legal hot water.

Do you understand my hypothetical case? Do you agree?

There are those who would argue that your private personal residence is a different situation altogether from a private supermarket that is specifically open to the PUBLIC...

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amlevin · Oct 12, 2011

Metalhead47 said:
There are those who would argue that your private personal residence is a different situation altogether from a private supermarket that is specifically open to the PUBLIC...

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One can be cited for Negligent Driving on private property:

RCW 46.61.525
Negligent driving — Second degree.

(1)(a) A person is guilty of negligent driving in the second degree if, under circumstances not constituting negligent driving in the first degree, he or she operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property.

(b) It is an affirmative defense to negligent driving in the second degree that must be proved by the defendant by a preponderance of the evidence, that the driver was operating the motor vehicle on private property with the consent of the owner in a manner consistent with the owner's consent.

(c) Negligent driving in the second degree is a traffic infraction and is subject to a penalty of two hundred fifty dollars.

(2) For the purposes of this section, "negligent" means the failure to exercise ordinary care, and is the doing of some act that a reasonably careful person would not do under the same or similar circumstances or the failure to do something that a reasonably careful person would do under the same or similar circumstances.

(3) Any act prohibited by this section that also constitutes a crime under any other law of this state may be the basis of prosecution under such other law notwithstanding that it may also be the basis for prosecution under this section.

[1997 c 66 § 5; 1996 c 307 § 1; 1979 ex.s. c 136 § 86; 1967 c 32 § 69; 1961 c 12 § 46.56.030. Prior: 1939 c 154 § 1; RRS § 6360-118 1/2. Formerly RCW 46.56.030.]

At one time I was informed that traffic reg's could be enforced on private property if the property was a "way open to the public" which was at the time inferred to be Public parking facilities.

Screw around in a Safeway Parking lot and I guess you could be charged with something.

OlGutshotWilly · Oct 12, 2011

Many many years ago I was told by my boss at the Texaco station to move my car from the pump area. I did move it.......all the while smoking my tires around the pump island and then chasing my boss into the garage.

A rather large and very unhappy police officer who happened to be parked across the street in the grocery parking lot "appeared out of nowhere!"

To my teenage vociferous argument that "it was private property, and I could do what I wanted", and that "I did this all the time"......( remember.....what you say can and WILL be used against you in court LOL ) he explained to me that it was not private property as it was open to the public, thus making me eligible for the Negligent driving charge.

The Judge agreed, and offered the admonition that he would have charged me with 2nd degree assault with a motor vehicle if he had been able to. The prosecutor of course had read my words to the court that I had uttered.

Taught me an awful big lesson on opening my mouth.

tombrewster421 · Oct 12, 2011

amlevin said:
One can be cited for Negligent Driving on private property:

At one time I was informed that traffic reg's could be enforced on private property if the property was a "way open to the public" which was at the time inferred to be Public parking facilities.

Screw around in a Safeway Parking lot and I guess you could be charged with something.

Wouldn't hitting someone's car be considered "negligent"? So you're basically saying that this stupid cop was just too dam lazy to do the paperwork.

Firearms Iinstuctor · Oct 12, 2011

Some traffic laws are inforceable on private property most are not. It wasn't that long ago you could drunk drive on a lake all you wanted. it wasn't illagal untill you hit the road way that changed by the way.

One has to read each statute to know when and where they are inforceable.

Metalhead47 · Oct 12, 2011

Firearms Iinstuctor said:
Some traffic laws are inforceable on private property most are not. It wasn't that long ago you could drunk drive on a lake all you wanted. it wasn't illagal untill you hit the road way that changed by the way.

One has to read each statute to know when and where they are inforceable.

I've never heard of a law that's "inforceable" but I understand most are actually "enforceable."

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Firearms Iinstuctor · Oct 13, 2011

Thanks for taking the time to spell check Glad you have it.

fire suppressor · Oct 13, 2011

In the case of a MVA (motor vehicle accident) I have been told by police they are only required to file a report if the damage is $500.00 or more

sudden valley gunner · Oct 13, 2011

amlevin said:
Apples and Kumquats.

We're talking about a single person resisting a false arrest, not an organized revolt against authority.

No you are distracting from the point. Plus to me it doesn't matter if it is one individual or an organized group, doing what is right is right.

Firearms Iinstuctor · Oct 13, 2011

fire suppressor said:
In the case of a MVA (motor vehicle accident) I have been told by police they are only required to file a report if the damage is $500.00 or more

It is up to a 1000 dollars of damage now.

hermannr · Oct 14, 2011

Years ago I was in Victoria and was hit by an old man that should not have been driving. We called the city police, they came out but wouldn't file a report...said it had to be over $300 damage...It cost ICBC (the other guys insurance) $3800 to fix my car...so much for a non-professional appraisal of damage.

Is they is, or is they aint???

hermannr

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Metalhead47

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amlevin

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OlGutshotWilly

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tombrewster421

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Firearms Iinstuctor

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Metalhead47

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Firearms Iinstuctor

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fire suppressor

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sudden valley gunner

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