Q: Can an officer pull me over in my own subdivision(private property) for speeding? Should I fight it?
He dropped it down to impeding traffic but the ticket cost is high. There are no speed limit signs posted on the side of the road I was driving, only on the opposite side in which I can’t see going the opposite direction. The speed limit is 15 mph and I was going 22 mph according to him.
A: Subdivisions are not private property; the roads of which are open to the public (generally).
I am skeptical that anyone will buy that you didn't know the speed limit in your own subdivision. It also wouldn't matter if you really didn't know.
And if it is an average subdivision of greater than 10 houses (or even less) I don't think your the private property argument would work. It might not even matter if you're the only owner of the subdivision since you can be found guilty of 'drinking and driving' in your own driveway, I could see the Michigan Supreme Court applying similar reasoning here.
Which I suppose brings us to the speed limits, mobile home parks subdivisions are 15mph, posted or not.
And generally, until 2024, the speed limit in residential areas is 25mph, unless another speed is fixed and posted MCL 257.627.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.