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Can you get a seatbelt ticket in a parking lot in CA if you're leaving the lot and haven't reached the street?
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Can you get a seatbelt ticket in a parking lot in CA if you're leaving the lot and haven't reached the street?

This is what happened to me. I pulled out of my parking space at a BART Train station in the Bay Area, CA. The BART officer was sitting in his car, in the lot. I had driven maybe 20 feet, from my space, was still in the lot, when the officer pulled me over for not wearing my seat-belt. The CA law specifically states "A person shall not operate a motor vehicle on a highway..." HIGHWAY. I can't imagine that a Parking Lot can be considered a highway. If I had reached the street and then was pulled over the officer would have been right to issue the ticket. But I was still in the lot...Am I correct that in CA a parking lot is not a 'highway', according to the letter of the law? I would like to fight this in court.


    




Mike
I'm from Ohio but a cop should not be able to do that because it private property. It should be up to the property owner to declare the rules on the property. kind of like if there was a car accident in the Walmart parking lot. depending on how much the ticket was and how much you have to spend in court will decide if you should fight it. ( but i would check the law for sure and call news station and put it on the late night news. get some attention) :)


kenbgray
No, it is private property.


Alex E
Rating
If the parking lot is a place with a sign stating "Lot Under Police Jurisdiction" and you were in motion then Absolutely yes.


Locksmith
I agree! fight it, and good luck!


Rock Firestorm
Rating
A BART parking lot is NOT private property. It's the same as a residential street or highway. I always make sure to have my belt on in the Bart lots. You have no case.


UCANTCME
Rating
This is the California law for your situation..........

An officer's can pull you over in a parking lot or other private properties for this matter as long as the violation occurred on a public street but not if you are already on private property.





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