Legal Question in Traffic Law in Illinois

I was wondering about the legality of police writing tickets on private property. Here's the situation: I am a truck driver, I stopped for lunch at a fast food restaurant and parked in their parking lot, after getting my lunch and getting back into my parked truck a local officer pulled up and wrote me a ticket for being over weight on a non designated municipal road. the road in question was posted, however sign was easily missed. the restaurant parking lot entrance was no more than 200 feet off the main road which is a truck route. Just to clarify, I was parked for more than 10 minutes before the officer pulled in the lot, and I checked with the restaurant, they didn't call them. Also the restaurant has parking spots for truck or bus parking and no signs anywhere that say no trucks. My question is this; does the officer have the legal right to write that ticket?


Asked on 9/02/10, 7:15 pm

2 Answers from Attorneys
Stephen Messutta

For various reasons, including the possibility of picking up extra parking ticket revenues, or controlling abuses, private property owners and police often enter into agreements that are entirely valid to patrol the private property. Assuming that's the case here, and the agreement is valid, yup.

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Answered on 9/08/10, 6:12 am
Charles Dobra Charles Wm. Dobra, Ltd.

I agree with my brother Stephen. BUT I have experience with overweight cases, and the more interesting question is what municipality wrote the ticket. And I bet dollars to donuts that it is written under a local ordinance so that the city or town keeps the revenue that is anticipated. So, where do you have to go to court?

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Answered on 9/08/10, 7:07 am


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