Sec. 545.423 Crossing Property Ticket Help

[mightymoose]

Not according to the OP's diagram!

Oh I see it now. I mistook the parking lot for a road. Ya, that is shortcut, and surely the reason the officer was sitting there.

 

[Michael Wechsler]

Oh I see it now. I mistook the parking lot for a road. Ya, that is shortcut, and surely the reason the officer was sitting there.

Probably right. @PayrollHRGuy refers to one such scenario we have in New York City. Near a relative's home there is an intersection with a slow light and a gas station on the corner. Some cars would regularly cut through the gas station to avoid the waiting for the light to make a right turn. In addition to concerns of the property owner, it can also be a dangerous condition for pedestrians. Similar, but a different issue in big Texas and suburban areas where you have long driveways such as the one you posted.

Perhaps if you can indicate that you're truly not from and not familiar with the area your argument might carry a little more weight as to a reason why it should be excused. But the letter of the law excusing the conduct seems to require a stop. This might be an attempt to cover popular situations which indicate some bona fide reason to believe the driveway isn't primarily being used as a shortcut and remove some subjectivity from interpretation, e.g. stopping for passenger drop off, being lost and stopping to look at a map/GPS to become reoriented, etc.

Of note, providers of GPS-based directional services take care to update maps regularly to avoid their applications from identifying shortcuts like these (as well as being taken through dangerous areas, etc.) If you notice, the GPS shouldn't map you through a mall or extended driveway unless you're well into such an area.

 

[adjusterjack]

Perhaps if you can indicate that you're truly not from and not familiar with the area your argument might carry a little more weight as to a reason why it should be excused.

OP wrote

I was 2 min from the office and realized I had left something. I turned into a warehouse driveway

I don't lack of familiarity will go too far as a defense.

 

[Highwayman]

Probably right. @PayrollHRGuy refers to one such scenario we have in New York City.

Of course (as you probably know!), in NY the statute is different and probably wouldn't apply here.

VTL § 1225. Avoiding intersection or traffic-control device. No person shall drive across or upon a sidewalk, driveway, parking lot or private property, or otherwise drive off a roadway, in order to avoid an intersection or traffic-control device.

Just posting as information.