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Old 07-06-2008, 08:38 PM   #1
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Illinois traffic laws

I did a donut in an open parking lot this afternoon. The mall security guy saw me, so I stopped and waited for a good tongue lashing because I was, in fact, being an irresponsible doofus . Instead though, he called the police and I was cited for squealing of tires and reckless driving. Upon arriving home I learned that this is a class A misdemeanor.

My question is this: Is there another crime that would fit this incident that I could hope to plead down to? I do not feel that anyone's safety was risked, as there were no cars or people in the lot, and this seems to be the main basis for the ticket. As for the squealing tires ticket, well...they were squealing, so that makes sense. Furthermore, in Illinois you lose your license for this, so will I lose my Iowa one?
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Old 07-06-2008, 08:47 PM   #2
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Does the public motor vehicle code apply when you're not on a public road?
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Old 07-06-2008, 09:05 PM   #3
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From what I can tell, in Illinois any road that the public can access is considered a public road.
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Old 07-06-2008, 09:40 PM   #4
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I know this doesn't help you but I can't believe you stopped. Then, you WAITED for the police to arrive? Come on man...
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Old 07-06-2008, 09:48 PM   #5
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Quote:
Originally Posted by theholycow View Post
Does the public motor vehicle code apply when you're not on a public road?
well usually most parking lots, say at a mall or whatnot, are under the jurisdiction of the city/state police 99.9999999999999999999999% of the time. therefore it is under the public motor vehicle code. that and even if it were private property, the security guard is employed there and you are disrupting the peace at a private location that you do not have authorization to do so. same thing as if you come to my house and start spinning your tires in my driveway, i can call the cops and they'd do the same thing.

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I know this doesn't help you but I can't believe you stopped. Then, you WAITED for the police to arrive? Come on man...

WERD. this might be a wake up call to you to settle down. or at least not stick around when you are doing stuff like that in an area such as that.
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Old 07-07-2008, 02:47 AM   #6
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Unfortunately, Ill code and TX code differ....and I haven't researched their laws. In TX, we can enforce wreckless driving and Driving While Intoxicated on private property. I would think that the squealing of tires ticket wouldn't apply on private property there...and if it did, then that would all be a part of the wreckless driving charge. Were you ACTUALLY cited for both? Because the ticket can probably be dismissed to a higher charge.

Now, in order for you to be found guilty of wreckless driving, your actions must be deemed wreckless. READ THE CODE and see how it applied to your case. You really might need to get a lawyer....seriously. A class A is no joke....just shy of a felony here in TX. But, all the elements of the crime must be there to be found guilty.
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Old 07-07-2008, 08:39 AM   #7
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Yeah. I was actually cited for both, but the squealing tires doesn't bother me. It's that Class A. As for stopping, I just thought he'd tell me to buzz off, so I stopped. He was looking at my ID and he just walked back to his car and called the cops. At that point I didn't have a choice but to stay, since he had my ID.
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Old 07-08-2008, 09:52 AM   #8
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what were you driving
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Old 07-08-2008, 10:19 AM   #9
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In Wisconsin, since it was done on PRIVATE PROPERTY - it would be DISORDERLY CONDUCT WITH A MOTOR VEHICLE....0 points, and about a $50 fine.
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Old 07-08-2008, 10:35 AM   #10
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Yeah, I'd lawyer up. I hate Illinois. My only ever speeding ticket was there and was recent in the last year. Had to spend $400 to take care of it, It will be well worth it to pay the lawyers fees especially if the officer improperly cited you as well as the insurance and criminal implications down the road.
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Old 07-13-2008, 06:57 PM   #11
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Old 07-13-2008, 07:34 PM   #12
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In TX, we can enforce wreckless driving and Driving While Intoxicated on private property.
DID THE LAWS CHANGE?? OR IS THIS JUST A SA THING??

B'cuz I have had locals (more than one) tell me if it is on PRIVATE PROPERTY(bussiness, home,ETC) that they CAN NOT do anything UNLESS the Property OWNER or Agent OF, calls them.. snice it IS PRIVATE PROPERTY. AND NOT A PUBLIC ROAD.

My Case similar to the OP.. i was @ the local carwash few years back and was adjusting my carb and shifts points (rather shift firmness)in an old truck i had at the time..well when i shifted to reverse it was like dropping the clutch @ 3,000, and tires were a smokin...the local po-po sitting 50 ft away just sat there for 15 min until i went to leave..as soon as i was 20ft off of said PRIVATE PROPERTY.lights came on and pulled me over,i explained the situation and was told go home,fix it there..

Well i did BUT sitting in my driveway @ the APT i was in at the time, here they come again..WHY?? The MGR had called them, About someone spinning tires in the parking area.. So i had to ask why they didnt bother the first time, To say something @ The carwash, but to wait untill i was leaving.. wasnt my home where they told me to go? and why are you here now?

what he told me is what am using for reference..PRIVATE PROPERTY(bussiness, home,ETC) that they CAN NOT do anything UNLESS the Property OWNER or Agent OF, calls them..

So I'm at a loss..
OP Sorry to highjack your thread..
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Old 07-14-2008, 08:08 AM   #13
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In WA there is no way that a mall security guard has the right to detain you. Also, he has no authority to ask for your drivers license. If the cops were called, they could maybe come after you for vandalizing the property, but a cop can't give you the traffic ticket without witnessing the crime. (Unless there was a collision.) Also, they (security guards) would have to be able to pick you out of a photo montage saying you were the driver. But that's WA.
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Old 07-14-2008, 12:26 PM   #14
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In WA there is no way that a mall security guard has the right to detain you. Also, he has no authority to ask for your drivers license. If the cops were called, they could maybe come after you for vandalizing the property, but a cop can't give you the traffic ticket without witnessing the crime. (Unless there was a collision.) Also, they (security guards) would have to be able to pick you out of a photo montage saying you were the driver. But that's WA.
If the security guard files a formal complaint and signs a statement, the cop can act on that. It's a lot of paperwork, but it is legally sound in this case, if the cop wants to make a case of it. Someone correct me if I'm wrong, but the police don't have to witness a crime if a witness has a testimony.
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