Would you pull over?? I know I wouldn't

[03Lightningrocks]

... I would really like to know how that worked out in court.

I would bet everything he just paid the darn thing and never fought it. Like I said in the previous post... I saw the ticket and it was a real live ticket, written by a real live "off duty" cop. The cop was wearing uniform. I say off duty but heck... maybe they weren't off duty. You have to understand, getting in trouble with the law in Ennis Texas is like getting into trouble at a Parish in Louisianna. They have their own way. Court??? LOL... an Ennis court??? That would probably be a losing situation. The judge and the cop are probably related to the guy who runs the drag strip. I guess you could file an appeal...LOL.

[Lambda Force]

I'm very interested in this answer. On the one hand, it doesn't make any sense that someone could post legally enforcable speed limits or other restrictions on their property. For example, I can post a sign saying that no twinkies are allowed on my property, but that doesn't make it a crime to walk into my house with one in your pocket.

Wouldn't that be trespassing? If not, then people fought to get 30.06 passed for no reason.

[03Lightningrocks]

I think it would only be trespassing once you ask the person to leave or immediately put down the Twinkie. If they refused to do either, you would be within your rights to blast them.

My brother is in a "neo-nazi" homeowner association. When he and his wife signed the paperwork on the home they bought, they apparently gave up certain rights to the homeowners association. I am blown away by some of the stuff he tells me about. That group goes so far as to telling folks what colors they can paint their houses and even get involved in landscaping choices. They do levy fines for failure to comply. I am betting that in a gated community with a homeowners association, they may be able to do something similar when it comes to traffic violations.

[puma guy]

There is a drag strip in Ennis Texas. They have posted speed limit signs on the road leading to the pits from the end of the drag strip. They will and do write legally enforceable speeding tickets... ALL THE TIME! I was pulled over once and told to slow it down. I did not argue with the off duty cop. A buddy of mine did get a ticket and he did have to pay the thing. The off duty cops actually write the tickets... maybe this makes it different... AFAIK, that drag strip and the property it sits on is ALL private property. I could not tell you if it was a moving violation that went on his record or not. Until now, I never thought about it.

BTW... the cop was on a golf cart...LOL. I was in a high ten second truck. I was a bit confused when he lit me up with the police flashing lights and the thought of "speeding away" never crossed my mind. I heard a saying once... "You may outrun the vehicle but you won't outrun the radio".

I know the track you're talking about. All I can say is Ennis is in the infamous I45 speedtrap corridor, so the JP and Judges probably enforce any money making traffic stop enterprises they can Just Kidding JP's and Judges! BTW I drive a Black tricked out Cadillac Escalade with black tinted windows blacked out tail lights, license plate frame with smoke tinted cover and blue after market HID headlights!
I don't see how they'd be traffic violations would be enforceable if it is indeed private property.

Holy Smoley!!! That thing just screams Gangsta! I bet you do get pulled over once in awhile. Yeah... i don't know if it was enforceable... I know it was a real live ticket for speeding issued by a hired off duty cop and payable to the City of Ennis. I saw the ticket. We were laughing about the absurdity of getting a speeding ticket for going over ten MPH at the drag strip. I also don't know if he tried to fight it. Speeding tickets for a bunch of guys that drag race are pretty common. we usually don't follow up with each other about them. This had to be three or four years ago... maybe a five???

I'm saving up to get a gold grill for my upper front teeth, too! I was just kidding about the Escalade, but you probably knew that! I had the same thought when I read ticketed for speeding at a drag strip.

[03Lightningrocks]

I'm saving up to get a gold grill for my upper front teeth, too! I was just kidding about the Escalade, but you probably knew that! I had the same thought when I read ticketed for speeding at a drag strip.

I was hoping it was a joke but was afraid to say much. The last time I thought someone was joking on this forum and played along, I found myself getting attacked. You need the gold chain to go around your neck.

[The Annoyed Man]

Nope..

If the detained person was not a resident (and maybe even then), there might not be a criminal liability for HOA officials, but there would almost certainly be a civil liability. Peronsally, I would be so offended by such a detention that I would make sure that the individual HOA officials were sued out of their homes and savings. I would not settle for less than $10 million.

Although I dispise HOAs, I understand how some people are more comfortable living in an HOA instead of outside of one—and that is certainly their right to do so. None the less, no HOA official's authority under their organizational guidelines trumps my constitutional rights, which are considered to be unviolable.......even by government. They can ask me to leave—and I will—but if they attempt to detain me for more than about 5 seconds, then I WILL see them in court, and it isn't going to go well for them.

So don't start feeling too safe about what you can and can't do just because you're an HOA "official." That title doesn't make you the boss of me.

LOL I actually wrote a whole lot more, but decided that I would just answer the question..

having worked private security before, and worked law enforcement my initial response is something akin to "Not in this lifetime"

We had a gated community in an area that I worked, they were constantly calling and complaining about the speeders.. but... Their roads were private roads, they were not maintained by the state, or the county. We could work criminal cases on the property, just as any other private citizen could call in on a crime that happened on their property, but no traffic enforcement, minor accidents were given a blue form and a tip of the hat.

IF the security officer is trained in radar AND his radar is certified, and it's been calibrated, then I could see them notifying the HOA of any infractions and then it could be dealt with on that level.. but sending a citation? going before a judge? That would be like me burning doughnuts in my pasture.. Who's gonna stop me and what would they do?

Please forgive me. I misunderstood your previous answer.

[bayouhazard]

pulling over is legal detention, i.e you can't leave, it is a kind of "kidnapping" if done by none LEO. I say they have no legal base to pull you over.

You mean like asking to see your receipt before you leave the store?

You stop and talk to those folks? I never have, smile, be polite say no thank you and keep on walking.. NOT ONCE has anything ever been said.

I'm not saying you have to stop. I'm saying they can ask and it's not "kidnapping" if you stop, even if you think you're required to stop.

Anyway, in a gated community with an HOA they might be able to fine residents even if they don't stop. If you post an unauthorised lawn sign, they can take a picture and send you a letter. It seems like tHey could do the same for running a stop sign in the neighborhood if HOA rules say so. They don't have to prove you posted that sign so they wouldn't have to prove it was you driving your car either.

The best defense is don't live in a HOA infected neighborhod.

[Dave2]

By the way, there are much more cost effetive methods to slow people down in neighborhoods, including speed cushions or actual speed bumps.

The trouble with speed bumps is that by the time they're "bumpy" enough to make someone hit the brakes, there are entirely street-legal cars that don't have the ground clearance to get over them without scraping. A friend of mine (who, at least when I'm around, drives quite reasonably) can't go into certain areas because the speed bumps there are too high for his Mustang Bullit to clear. And he's not just saying that to complain about the bumps... I've been in the car with him when it's bottomed-out. I can only imagine how bad it must be for some of those super cars.

[Keith B]

By the way, there are much more cost effective methods to slow people down in neighborhoods, including speed cushions or actual speed bumps.

The trouble with speed bumps is that by the time they're "bumpy" enough to make someone hit the brakes, there are entirely street-legal cars that don't have the ground clearance to get over them without scraping. A friend of mine (who, at least when I'm around, drives quite reasonably) can't go into certain areas because the speed bumps there are too high for his Mustang Bullit to clear. And he's not just saying that to complain about the bumps... I've been in the car with him when it's bottomed-out. I can only imagine how bad it must be for some of those super cars.

That's why the speed cushions are better. They are wide with sloping leading and trailing edges and can be cleared by any vehicle.

[03Lightningrocks]

By the way, there are much more cost effective methods to slow people down in neighborhoods, including speed cushions or actual speed bumps.

The trouble with speed bumps is that by the time they're "bumpy" enough to make someone hit the brakes, there are entirely street-legal cars that don't have the ground clearance to get over them without scraping. A friend of mine (who, at least when I'm around, drives quite reasonably) can't go into certain areas because the speed bumps there are too high for his Mustang Bullit to clear. And he's not just saying that to complain about the bumps... I've been in the car with him when it's bottomed-out. I can only imagine how bad it must be for some of those super cars.

That's why the speed cushions are better. They are wide with sloping leading and trailing edges and can be cleared by any vehicle.

They are also better for launching if you decide to play Evil Knievel.