Is "Digging Out" a ticketable offense in Harris County?
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From: Tomball, TX; B/CS, TX
Is "Digging Out" a ticketable offense in Harris County? Late night walmart run the other night, took off traction control and just spun them across the empty parking lot. So then i turn north onto 249 and sit at that light, and a cop comes from that side road b/w blockbuster and the bank and tells me to pull over. Light turns green i turn into hobby lobby and there ends up bein about 4 cop cars that come in. One friend was on probation so he was worryin alot. The cop writes a ticket for "Digging Out", whatever that means, but i thought that a walmart parking lot would be considered private property and would be out of their jurisdiction? Any help on getting this one dismissed on the weird *** classification or location? Thanks alot guys....
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Originally Posted by Ben R
So what, they just pull you over and tell you to cut it out?
Thing is, some cities will still ticket you and hope you dont know... load of bs
That offense as of 2003, (i think) now says ...IN CONNECTION WITH A DRAG RACE... or something like that. cant remember exactly.
So, one car is not an offense anymore.
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From: baghdad for now. killeen,tx
I dunno but I am pretty sure in OK the owner or somebody at walmart needs to file a complaint to get you for anything in there private parking lot. but I am neither a lawyer or a law enforcement agent. they do visit these boards so maybe one of them will pipe up
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Originally Posted by Onyx Z
Diggin out? WTF?
I once got a ticket for no Cadillac Convertors.
I once got a ticket for no Cadillac Convertors.
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From: Tomball/Nacogdoches TX
that's funny cause i do that all the time in that parking lot.
But i had this happen to me one time in sam's parking lot but he couldn't do anything because it was on private property. He still tried though.
But i had this happen to me one time in sam's parking lot but he couldn't do anything because it was on private property. He still tried though.
Originally Posted by Ben R
So what, they just pull you over and tell you to cut it out?
Texas Transportation Code can be found Here
There is no exihibition of acceleration clause anymore. However the reckless driving clause (545.401) is wide open and doesn't seem to protect you because your are on private property:
I got a ticket once for a burnout. But they charged me under 545.420, which covers racing on a highway. (Used to be the EOA statute.) The ticket was dropped because the statute requires another vehicle be involved or thatit be over a timed course. Call the DA and ask them to tell you what statute you are charged with voilating. Hope that you are not charged with 545.401, harder to defend.
There is no exihibition of acceleration clause anymore. However the reckless driving clause (545.401) is wide open and doesn't seem to protect you because your are on private property:
§ 545.401. RECKLESS DRIVING; OFFENSE. (a) A person commits an offense if the person drives a vehicle in wilful or wanton disregard for the safety of persons or property.
(b) An offense under this section is a misdemeanor punishable by:
(1) a fine not to exceed $200;
(2) confinement in county jail for not more than 30 days; or
(3) both the fine and the confinement.
(c) Notwithstanding Section 542.001, this section applies to:
(1) a private access way or parking area provided for a client or patron by a business, other than a private residential property or the property of a garage or parking lot for which a charge is made for the storing or parking of motor vehicles; and
(2) a highway or other public place.
(d) Notwithstanding Section 542.004, this section applies to a person, a team, or motor vehicles and other equipment engaged in work on a highway surface.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
(b) An offense under this section is a misdemeanor punishable by:
(1) a fine not to exceed $200;
(2) confinement in county jail for not more than 30 days; or
(3) both the fine and the confinement.
(c) Notwithstanding Section 542.001, this section applies to:
(1) a private access way or parking area provided for a client or patron by a business, other than a private residential property or the property of a garage or parking lot for which a charge is made for the storing or parking of motor vehicles; and
(2) a highway or other public place.
(d) Notwithstanding Section 542.004, this section applies to a person, a team, or motor vehicles and other equipment engaged in work on a highway surface.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.