LAWYER REACTS: Traffic Ticket on a PRIVATE road?!

Reddit user "fastbutsafe" to himself a doozie of a reckless driving ticket down in Texas. But here's the kicker: it was on his own private driveway. How does that even work?! Does he have a defense?
Leave Andrew a voicemail with questions or ideas: www.speakpipe.com/flusche

[@Taylorchef]

In eastern Arizona a sheriff's deputy arrested a farmer on his own property for DUI. He had been plowing his 1100 acres & had a 6 pack in a cooler on the tractor with him. The deputy stopped outside his fence at the same time he stopped for a break. He cracked open a beer & toasted the deputy. The cop jumped the fence & arrested the farmer. That's when the circus really started. The farmer refused to climb or crawl under the fence, so the cop got bolt cutters out & cut the fence. After he put the farmer in his car he tried to get a tow truck out there but they all refused. He tried to get his commander to threaten them with obstruction but he refused. The area is open range & with the fence cut cattle could get onto his property, so the deputy had to wait until a county truck got there to patch the fence. It was some 5 hours before he got the farmer to a police station to breathalize him & he blew a zero. The cop charged him with obstruction. Around 6 weeks later the farmer went to trial. The county prosecutor had given the case to a brand new assistant & instead of dismissing it he actually tried to pursue it. The assistant prosecutor didn't get through the description of what had occurred before the Justice of the Peace started interrupting him with questions. He never got to finish before he called the deputy to stand next to the prosecutor so he could fire some questions at him. Less than 10 minutes after it started the Justice dismissed the case, threatened to recommend the assistant prosecutor be disbarred & told the deputy he was reporting him to POST for discipline & possibly having his certification pulled. I was really happy that I'd taken my father to court that day. It was quite a show.

[@JohnSmith-js3po]

Farming is hard enough, but when bozos like that make your day longer he should have been your indentured slave till harvest was in

[@BlueDongDroop]

I feel bad for the assistant, the prosecutor clearly threw this on him because he knew it was a lost cause and didn't want to cause problems with the sheriff's office.

[@sd906238]

@@BlueDongDroop I don't feel sorry in the least bit. He got only half of what he deserved. Hard lessons are the best lesson to learn because you won't forget it.

[@i-primeproductions1517]

There needs to be real JUSTICE by judges and anyone else in power like this. Instead of them always always trying to protect and keep the side of the real offenders.

[@drpinky504]

Cop should have been charged with criminal trespassing and destruction of property for cutting the fence. What a moron.

[@WawakGuitar]

I just got finished watching a video where the officers arrested an attorney at a traffic stop because she refused to speak. The first thing they did was tell her she had the right to remain silent.

[@00gyb00gy]

I did too! She won $30K

[@havenbastion]

link?

[@ricardomolina4605]

@@havenbastion Look it up. Google is your friend.

[@havenbastion]

@@ricardomolina4605 Naw, asking once is enough for me. If there's no answer, that's fine too.

[@DraconicDuelist]

kzbin.info/www/bejne/lZTbY3mhpZt2o9k

[@josephdestaubin7426]

I live in Bexar county TX,. and I assure you that neither the sheriff nor his minions give a crap about what the law actually is.

[@thisismagacountry1318]

Not true, Sheriff Javier Salazar has MANY fine deputies who DO NOT HESITATE to drive drunk, commit domestic violence, and jerk off routinely.

[@jcota2003]

@@thisismagacountry1318 They know it... they don't give 2 F$%Ks about breaking it at all.

[@chuckhaugan4970]

Yup!! Anyone following San Antonio, Leon Valley, Olmos Park, Bexar Constables, Sheriff, the the county jails, and most importantly, the county prosecutors office, knows the entire system is about revenue and not about law. This is what happens when people vote in those who promise to "Run government like a business." We warned you!!! Who exactly is the customer, the product, and the owner in that scenario? Our Founding Fathers are spinning in their graves!!! LOL! But, at least Joe Salvaggio and Kelly Kuentler were finally tossed out of Leon Valley. So many more tyrants to go.

[@CaryGlennDavis]

wELCOME TO MOST ANY LAW ENFORCEMENT AGENCY ANYWHERE IN aMERICA. mOST OFFICERS HAVE A gOD COMPLEX!

[@jamesradcliffe3985]

@@thisismagacountry1318 and murder innocent little boys in their homes. look up kameron prescott's name

[@charliedee9276]

I had this happen in rural northern Michigan a few years ago. I had 120 acres with a swamp in the back, perfect for mud hole fun. We are out there partying raising hell when the local fuzz shows up. Now in order to do this they had to come up my driveway, clearly marked NO TRESPASSING, drive past my house and onto the single track leading out to the back 40, CLEARLY trespassing. Wanted to know what we were doing and who we were, and actually got pissed when he was told to leave my private property NOW. When the wife said she was calling "the real police" (her brother is a Statey up there) he changed his tune and left. The State boys up there really do not like the local bozo's and their antics.

[@CynHicks]

So, basically there are gangs in uniform that not only don't reconize our constitution and sovereignty but actively violate our laws and attempt to enforce their own laws? That's an act of war right?

[@mattberden9326]

What county were you in?

[@dukecraig2402]

In Pa the state police are the bozos who pull BS on people.

[@mrearly2]

Yeah, just tell the trespasser to piss off.

[@nickabel8279]

Michael malice on slightly offensive really has a take on all leos

[@apacheone3643]

The fact the Cop did not put a posted speed is in itself a dismissal in N.Y . as the ticket is not completely filled out.

[@timmyt1232]

Correct. Also no street names, no license plate number, no endangerment to the public, etc...

[@johns9652]

Yep, state of Maryland and Virginia too, I actually went to court (just on principle, and hoping for a reduced speed/points/sentence) after getting a speeding ticket late at night on Route 301. The officer is called, and says "Your honor, on the night of [blah blah], the road conditions were dry, but being dark and lots of deer in that wooded area it was very dangerous. He was travelling at a high rate of spee... umm" Your honor, I seem to have failed to notate the speed at which this gentleman was going". Judge: "Well, I can't very well charge Mr S if I don't know how fast he was allegedly travelling, now can I?" Officer: "Ummm... apologies your honor. Judge: "Mr S, you're free to go, consider yourself one lucky man". I was probably doing about 75-80 in a 55 or 60, so yeah, I was very lucky. Allegedly. And over 20 years ago.

[@scottcampbell4678]

That is the same in Vermont. Any missing information means an automatic dismissal of the ticket.

[@kaussstorm]

@@scottcampbell4678 This has to be same everywhere. You don't just make up the rest of it in court. Or else cops will be handing out blank tickets and figuring it out in court.

[@conradwoodiwiss7936]

It's his own private race track, tell him to kick rocks

[@aquawoelfly]

Thanks. My thoughts.... 1 wait what does it matter how fast he is going on private land? 2 uh yeah 165mph WTF? how do you get to that speed 3 ah.... private race track.... yeah 165 is as safe as you want to make it.

[@archibaldt.6]

Still gotta appear in court if you have a ticket written against you, or else you'll likely have an arrest warrant signed against you when you don't make court date. Cops really do have too much power.

[@alleyoop4465]

@@archibaldt.6 exactly!

[@sd906238]

@@aquawoelfly He should of posted a speed limit sign on his property saying "Speed Limit 165 mph".

[@oneplytoiletpapermishaps7429]

Archibald T. They have as much as we let them, period. It’s proven every time there is a parade Full disclosure I don’t hate cops, just the morons

[@goldwinger5434]

Years ago I had a friend who was a professional drag racer. He never drove fast on the road because other people scared the hell out of him. A very cautious driver.

[@MrTheHillfolk]

That's cause when you have a wicked fast track car , you imagine what hell could happen if you took it on the street and lost control, not pretty. And it's more fun waiting to see what it does at the track. That's what drag racers do,wrench on the ride to try something to make it quicker , and then go see if it worked at the track. It can be very humbling when it goes slower. you have to start all over again because you changed a part in the middle and it affects everything.

[@TheMotorgoat1]

@@MrTheHillfolk His comment was a joke, insinuating that everyday drivers doing around the speed limit are more dangerous than professional drivers in race cars.

[@rsmith02]

He knows what can go wrong and how; they don't have that experience or judgment so I think the friend is right.

[@djsting]

The OP posted an update. The case was dismissed. They tried to offer him a deal two different times on the reckless driving charge. He declined. He gathers all sorts of evidence to show he was on his own property, then goes to court...Before he can present anything, "the Judge opens a folder and briefly reads it then calls up the county attorney, they talk for about a minute then my case is dismissed." According to OP, he was never able to find out why...just that it was dismissed.

[@ClellBiggs]

Most likely he saw that there was no posted speed limit listed and dismissed it.

[@Born_Stellar]

@@ClellBiggs GATE

[@wjrneo2]

Because the Judge took one look at it and determined that attempting to try the case would and there was not enough evidence for a conviction and a waste of the court's time. Private property is private, and writing a speeding ticket when there is no posted limit on private property means there isn't really case to try. I would still hire a lawyer for this anyways. I do so on any speeding tickets 10mph over the limit or greater. For minor offenses I just plead guilty (if I'm speeding, I was speeding and I'll admit to it). 100% of the times I've been given a ticket, I've gotten out with either Court Supervision, and no points, or out-right dismissed. The one time I pleaded guilty was to a charge of 97mph in a 55mph zone. The method used was "Pace", but the officer had never actually paced me. They said, "I had to do 97mph to catch him." When the Judge asked the officer how fast I was going when they finally caught me, the answer was, "I don't know". The Judge asked me how fast I was going, I said 55mph. Case was dismissed. The Court couldn't prove I was doing 97mph since the officer had no form of laser, radar, or other verified measurement other than their own speed, and how fast I was going when they caught me.

[@sm5574]

"I had to do 97mph to catch him." LOL! That isn't how math works! Where did he start from? How far ahead were you? How long did it take him to catch up to you? If he was going 97 and you were going 97, how did he catch up to you? Was he actually looking at his speedometer while he was driving 97 MPH and keeping an eye on you? Man, I would have loved to see an attorney tear that one to shreds!

[@knerduno5942]

In Texas, they never disclose reasons for dismissals. They will usually use some genernic term like " in the interest of justice."

[@greg5011]

I had a local shit kicking sheriff spotted an old car in my driveway with expired tags. Walked on my property and threatened a ticket. I told him to leave and go get the Chief because it was none of his business what's in my driveway. ..he was pissed but left..man they get a little power and get really drunk..

[@FYMASMD]

Some states allow code enforcement to write tickets for exactly that. Even if the plate is covered, they are allowed to look. We are truly headed for a fascist police state.

[@charlesmuhmanson3928]

I think a tarp is in order. What car, that is a pile of manure?

[@TheWabbit]

Put up an official looking sign that says speed limit 200mph!

[@mixter7x7]

BEST ANSWER !!!!

[@uttermostvids631]

But at that point only five over or under xD

[@TheWabbit]

@@uttermostvids631 LOL! Ok, Up to 200 mph

[@---cr8nw]

No need to give ANY indication at all that it might be a public roadway.

[@uttermostvids631]

@@---cr8nw I would definitely advise against that it would give an officer incentive to believe it is

[@Hal_T]

Here's a thought. It's not foolproof, but it's always worked for me. When you get a citation you have a certain amount of time to respond to the citation. For me it was 10 weeks. Respond at the very end of that time. When you respond you can either pay the fine or get a court date. Get a court date that is as far in the future as you can. 1 year. 2 years. As far as you can go. I live in a big city with a very heavy court schedule so they are very happy I'm not demanding my right to a speedy trial. When the day for court finally comes, I've never had the police officer show up for the trial. Case dismissed. Even if the officer shows up, he's given so many tickets in the meantime, his recollection of the details will probably be very poor ... especially compared to yours. But, as I say, I've never had an appearance by the police. But, it has only been three times over a long life, so maybe I was just lucky.

[@TheChemisch]

This really depends on the jurisdiction. Some places operate like that but most do not. I know where i live it's required for the them to show up, and if their is some emergency where they cannot attend the court date is rescheduled. Also depends on if it's state patrol or local pd. local pd might not have the resources to have an officer take the time to attend court. Where a state patrol officer will have a whole day dedicated to fighting tickets. The number one reason police officers write tickets is to take your money so they'll do all they can to make sure they get it.

[@danwake4431]

where I live, every Monday is traffic court and the hallway is full of cops, deputies, and a state trooper or two waiting their turn. They ALWAYS show up.

[@Hal_T]

@@danwake4431 - Same here. But, so far as I can tell, from my few personal experiences, they don't show up when the ticket was issued over a year ago. They've given so many other tickets since then that their memory of events is not going to be as good as yours. IF you've got the nerve to challenge their version of the events.

[@robertharvilla4881]

I got a parking ticket by Truman Lake in MO, and it took a couple of months just to get the court date and then another couple for the court date itself. Turns out the court date was 1 or 2 days past six months from the ticket. So when I go to court and the officer doesn't show, the prosecutor asks for a continuance. I objected, of course, but the prosecutor clearly forgot that the statute of limitations for infractions in MO is six months. She said she would just refile if I got the case dismissed that day until I told her what the law was. I've never seen anyone so indignant and flustered in my life. The judge just smirked and said he usually gives each side one free continuance, and set another date. Clearly he was throwing her a bone. Fortunately for me the cop didn't show up for the next date either, so the prosecutor was forced to tell me I was free to go after it was clear he wasn't coming. Boy was she mad.

[@oldtwinsna8347]

It depends where you are. Where I'm at, the initial hearing is just that - you enter your pleading. The officer does not have to show up, as the deputy prosecutor will represent the plaintiff. If you plead not guilty and want a trial, it will then be scheduled and the prosecutor will subpoena the officer to show up, to which you can bet he/she will as required by law.

[@ericfleet9602]

1:15 is an example of selection bias. Car enthusiasts who do not open up on public roads would not be coming to see Mr. Flusche, so every person Andrew sees would, by definition, be ones who need a lawyer and the ones who do not open up on the road would never see Andrew.

[@williamgeardener2509]

Agree. it's this kind of bias that make officers pull over certain kinds of cars because they MUST have been speeding or MUST be driven by an intoxicated driver. At the same time I'm living in the Netherlands and I keep away from cars with a Eastern European license plate because either the driver is drunk, unlicensed or unassured or any possible combination of these.

[@TheAsheybabe89]

@@williamgeardener2509 ayyy je kunt de pot op! Where do you think the “Dutch” prostitutes all come from? All of those lekker wijfs smell like borscht, vodka, and kompot

[@MrPicklesAndTea]

@@williamgeardener2509 Kinda the reason why I wanted a silver/grey toyota corolla. Give me the most boring car possible please. Alas, ended up with an orange hyundai veloster which I shall eternally drive in eco mode, such is life.

[@mikhellen3267]

Well then the sheriff can write tickets at a speedway running tests.

[@chickenmonger123]

I’d love to see one try. 😂 The guys at the track would spout endless opinions about which donkey was the one who sweet talked his mother.

[@mikhellen3267]

@@chickenmonger123 Oh no that’s hilarious

[@thomaswagner9875]

I saw the complete story, including the follow up. He did provide complete pictures, maps etc, but at the beginning, the judge looked at some documents, called the prosecuter up and talked to him, then dismissed the case, dropping any charges.

[@gregsouther7293]

This happened to us on a friends property that has a private racetrack. Cops showed up and were told to leave. The guy seemed surprised and continued trying to talk to us, again we told him to leave, got back on our bikes and continued on riding.

[@gscott5778]

This one did have a follow up and as I remember the judge simply listened to the person describe where he was and the officer did not deny it. The next thing out of the judges mouth was "Dismissed" There may have also been a request by the judge to speak to the officer after the dismissal. Judges in most cases get rather PO'd when an officer does foolish things like that. BUT I love the recommendation that you not even approach the officer. From the description he saw the officer and drove down to find out what was going on. First mistake, BUT in this case he would have been wise to have his phone out and recording as he drove up IF you are going to do that he clearly should have figured out that with those flashing lights on the officer is upset or declaring a "Situation" and that's why he's there. NOT a social call.

[@johnree6106]

I tried to pay my ticket before they couldn't read the writing of the officer and after time passed trying weekly to pay it. I told them will I will contest the ticket and with all the time I tried to pay it as proof that they don't want me to pay it as they couldn't find how much I have to pay.

[@chuckschillingvideos]

It would have been hilarious if he had called 911 on the cop and complained that a police officer was stalking him on his property without permission.

[@danav3387]

A pictures of the cop behind the locked gate would be great too.

[@xtnuser5338]

By the time I was thirty-five years old, I had received thirty-two speeding tickets. Then I was introduced into track events. Since that first track event, I really have no impulse to speed. If I go three miles per hour over, it's because of accidental drift of my right foot that I don't notice for a bit. I'm fifty-two years old now, and haven't been pulled over by law enforcement for anything at all since I became a track nut seventeen years ago.

[@dfhowes]

Ever since I took up drag racing (at age 58) on my motorcycle, I very rarely go over the speed limit now. I get the urge and then go, "Nah, save it for the track." I'm 65 as of this posting.

[@quademasters249]

Same. Street driving is boring driving. The trees are too close to the road surface too.

[@TheMookie1590]

I speed everywhere and havent had a ticket in 5 years. tho I just jinxed myself

[@quademasters249]

@@TheMookie1590 I'm always 5-10 over myself. Except in town. That's not really "speeding" in my mind. 70 in a 35, now that's speeding.

[@kamakaziozzie3038]

Unless you have called the police, never answer the door or talk to them on your property

[@ThrashRebel]

People should be allowed to defend their property with force against criminal cops. The cops would think twice about going onto private property with a warrant or legal justification.

[@CozyButcher]

Your videos are addicting man. Wish there were attorneys like you in Wyoming! Had a misdemeanor, my public defender straight up said to "just pay the damn fine". I did, but now know that I shouldn't have. Thanks bud!

[@ChuckWood]

I found an update to this case. Right after it was called up, the judge looked through the files and before even saying anything he dismissed the case.

[@NunYaO]

A very similar thing happened to me in 2021...also in Texas...an officer "pulled me over" after I was already inside my private, gated, 38-acre property. I questioned him as to why he had initiated the traffic stop, to which he stated he was going to cite me for failing to use a turn signal when I entered my driveway. He then proceeded to demand my license and insurance. As I went to hand him my license, I realized he wasn't an officer of the city where I reside, or a state trooper, but was from an adjacent jurisdiction. That's when it occurred to me that he, therefore, had no authority to cite me for an alleged violation he could not have witnessed from within his actual jurisdiction, then it occurred to me that the "road" to enter my property is actually a utility access roadway and not a publicly maintained road (which is obvious if one looks around to observe the 5-6 foot high grass and standing water). I gave him my license, anyway, and proceeded to respectfully point these facts out to the officer...who had been joined (inside my gated property, BTW) by a state trooper and two officers from my residential city. Instead of acknowledging his mistake, the officer began to argue his authority...in response, I looked at the state trooper, motioned toward the fronting access road, and coyly queried whether I should look into getting a refund for my road and drainage taxes. Out of earshot, I assume, the trooper explained to the out of jurisdiction officer what Texas state law is for the use of signals...and hopefully, jurisdictional authority...before my license was returned and everyone except the state trooper sulkingly left my property. I like to think the trooper got a little smile out of that...I sure did!

[@waynemgtregear7228]

I would like a follow-up on this one, if for some reason the road is part of the highway system then I would demand that's state should do road maintenance at state tax payer's expense. At it time this is to why I hate man's law to many shades of grey.

[@patsmith6867]

. . . Excellent point , wish I would have thought of it .

[@colt4667]

@@YearsOVDecay1 HE doesn't know what it means. So many people on YT write gibberish sentences.

[@warrenpuckett4203]

@@colt4667 hmm.... I don't have a problem with that. I do understand what he meant. But explaining it? Well that takes up more time than I want to spends on that. While I type it out.

[@waynemgtregear7228]

@@YearsOVDecay1 I'm referring to the way man's laws can be interpreted lawyers can & will make a mountain out of a hill, what type of society have police lying to suspects .

[@charleschristianson2730]

@@waynemgtregear7228 "Man's law" as opposed to what?

[@garysprandel1817]

One of the read from Reddit KZbinrs covered this a year or so ago. Pretty much went to court,explained where this was,locked gate and IIRC may have also provided further proof of where the offense supposedly took place. Instant dismissal and IIRC the judge wanted to have a " discussion " with the officer in question.

[@douggodsoe]

What about when the PO lies and says he clocked you while you were on the public road, and then you turned onto the property and got behind the locked gate? There’s a bias in court that the police are angels, so everything they claim is considered factual, but we have all seen video evidence to the contrary. Safer to not say anything in the first place. What’s your name and DOB? Have a nice day officer.

[@greggbell]

@Real actual not fake fact checkers It's called testi-lie within the department. I know this for a fact!

[@TheFalconerNZ]

l had that happen to me, l was on my way into town to fix the window wiper that had broken off when l left work at 4am and about 3 kms (2 miles) from my house when l past a cop sitting in a driveway so l looked at my speed and l saw just a little over 10 km (`6 miles/hour) over the speed limit (no tickets if you are under 10 km over) but he didn't pull out so l slowed to the 80 km (50mph) speed limit. Another 3km down the road l turned the corner and saw another cop driving towards me, as the car was still warming up l was again little over 10 km over the 80 km/h limit so l slowed a bit but he turned on his lights. When he came up to me he said l was doing 120 km/h (40 km/h over the limit is an instant arrest & car impound for destruction), told him BS l was watching my speed as l had just past one of his mates down the road so there is no way l was doing that speed. We argued for 20 minutes about what speed l was doing and how long l had been driving with a broken window wiper until he told me to piss off and fix my wiper. Pretty sure if his radar showed 120 km/h (which l doubt or he would have shown me) it was from a previous ticket and he was trying to meet his ticket quota.

[@douggodsoe]

@@TheFalconerNZ I have had similar experiences on a couple of occasions in the past. Both times were prior to the popularity of dash and body cameras, so it was difficult to argue with the authorities. I once got ticketed for doing 40kmh over the limit on a road I wasn’t on, and on a day I wasn’t there, just because the cop said that he recognized my vehicle: a brown 1995 Ford Tempo. The only one ever made, apparently. BTW: They don’t have quotas, just rewards for meeting monthly performance metrics.

[@douggodsoe]

@@JohnTheRevelat0r Right? So, lying under oath is okay for them, because they had their fingers crossed when they were sworn in. Even when they get caught. Free pass; It’s untruthful Tuesday. The 9th circle of Hell is reserved for those violators of public trust. Cops who lie under oath. Politicians who abuse their office.

[@wdfktv8555]

Two words that sums up the situation, Texas and Sheriff. Pretty much says it all.

[@kennethpollard9047]

@Account NumberEight if you are speaking of government in Texas you are absolutely correct in that assessment at all levels.

[@corin164]

I live in a gated community that I contribute to maintain the roads, the gate guard and guard shack. Although the public can enter the community they must have a reason to do so, i.e. delivery, workmen, etc. Having access to the road is not a carte blanc for the Police or other State actor to access the community unless invited. Entering the community without a warrant or probable causes is a clear violation of all the, member's 4th Amendment civil right.

[@JKiler1]

The kicker is that the reddit OP went over to the fence to talk with the deputy. He should have ignored him completely and gone about his business. The deputy didn't have to enter the property.

[@chuckhaugan4970]

We had a sheriff deputy move onto our private island community, where I grew up, on the West Coast. At the time, in the 80's and prior, it wasn't a gated community because we were so remote, we didn't even lock our doors until the late 90's. For a few weeks straight, he posted up, behind some bushes, at the far end of the bridge, writing tickets for 30 and over on our 25 mph road. To be fair, everyone sped when no pedestrians were on the bridge and toned it down once on the residential roads. When everyone challenged the tickets and one attorney subpoenaed his butt into court, the judge read him a riot act. All the tickets were tossed when complaints were filed with the sheriff's office for harassment. A case of "you don't shit where you eat." I will never forget it. He was the most hated guy in a community of less than 70 homes. He moved off the island a year or two later.

[@rickuyeda4818]

Then again, we have a gated City called Hidden Hills in Southern California. Every road is private however, the City contracts with the Sheriff's Dept for all of their Law Enforcement needs. Though the vehicle code doesn't apply, the City has it's own ordinances for traffic which we enforce.

[@dansanger5340]

On the other hand, the HOA can fine you $100 for putting a potted plant on your front walkway.

[@corin164]

@@dansanger5340 You're comparing apple and oranges.

[@timnossem5538]

He said "runs next to public highway" I've seen cases similar where they were able to get reckless endangerment, because what you were doing on your private road had the potential to endanger those on the public road. There are a few court cases on KZbin where speedshops got busted for this on their private lots, and the judge cited no barricades in case of an out of control vehicle

[@mrdashin8323]

The make or break for this case is private vs public. i used to do donuts, burn outs, whatever on private property. The first time cops showed up. They got a small education and I was never bothered again

[@mochaandmuses]

Thanks for posting these. :) I have always loved law (and smart enough to know I'm not a lawyer) but learning all this is fun and nice to know!

[@thatguy6207]

I made the cop prove the roads grade… because radar could not be used on certain road grades. I asked for the road survey in court… they weren’t ready for it. I’m in GA. Ticket dropped 😉

[@doc693]

“We will use your words against you.” Good or bad.

[@unnaturalselection8330]

Actually, the good is just "hearsay", so only the bad.

[@troythompson1768]

As the line that's often (apocryphally, but without detracting from the sentiment's truth) attributed to Cardinal Richelieu goes: "If you give me six lines written by the hand of the most honest of men, I will find something in them which will hang him."

[@markmanning2921]

not only WILL they use every word you speak AGAINST you, they cannot use any word you speak in your favor. You speak, you fuck yourself over. PERIOD

[@danieljones317]

Many, many moons ago, I worked in a private community. I was the guy that maintained the roads and infrastructure, too. At that time, I also drove a Trans Am that I made into a Knight Rider car, Kitt. Red scanner in front, and all. The supervisor for the place let me run my scanner on the property whenever I had to use my car to get around, as he got a kick out of it. The local Sheriff's Deputies would come cruising through, but they knew their bounds, and I never got molested by them. It's nice to be the King's Court Jester!

[@---cr8nw]

Perhaps they just thought it was the car doing the driving, not you.

[@aragorn4]

Thank you for pronouncing Bexar correctly. I would also get a speed limit sign for my secured private road at whatever speed you want....LOL

[@Andrewflusche]

I'm a Texan. I just transplanted to Virginia for law school and stuck there.

[@Bill_DeBerry]

I would probably have to go with a "Speed Limit: Mach 3" sign just to see the cops faces when they decide to pull their antics.

[@Born_Stellar]

@@Bill_DeBerry infinity sign lol

[@tristramcoffin926]

@@Bill_DeBerry You'd be in a pickle when you remember that you can also be cited for travelling 30 or more mph under the speed limit.

[@LawtonDigital]

The general idea is not to make an insecure cop feel like he's got tiny testicles. In this case, the driver was screwed before he even saw the police lights as the cop obviously lost his man card when he saw what the original poster's car could do. These are the people we don't need in uniform, and I hope this ends up on his record.

[@danieljones317]

Trespass by cop, for one thing. Second, what is that cop's next trick? Ticketing Indy cars on the track?

[@archibaldt.6]

The cop never actually trespassed on the property - he was waiting at the gate.

[@danieljones317]

@spidy9237 public raceway? That would also depend on whether it's privately owned, like a parking lot. Drag strips are "public venues," too. That's all we need, a bunch of cops going onto tracks while teams are testing their cars.

[@i-primeproductions1517]

@@archibaldt.6 The gate is on his property you can’t build it on someone else’s if he standing at the gate he’s on the Man’s property. That being said there are some laws that allow the police to enter a driveway and up to a door without a warrant. However, I believe if they are asked to leave they could be trust passing

[@ChristopherRyans]

No wonder this channel is doing so good great videos keep it up

[@tomc.4860]

This is one of those times when the old advice of not speaking to the police is the best. If this man had not talked to the police they would not have gotten his information and they would have been forced to cross into his property to illegally trespass just to get information from him. He voluntarily gave them all the information since he had no license plate. It's hard to believe that there are people who still have not gotten the word about how dangerous it is to talk to the police.

[@doom4067]

In my times in Texas the highest speed limit I saw was 80. It seems like more than doubling the highest speed limit in the state would call for arrest, not a mere citation. That the officer didn't arrest the individual indicates that he knew that he had no jurisdiction.

[@wrektum]

Andrew Flusche cool guy with a bow tie! Love this channel thanks for the content

[@patpeacock8150]

If that the case the cops could give tickets at every nascar race

[@tallthinkev]

Haven't they got to pull them over first?

[@Articulate99]

Always informative, thank you.

[@ToledoCars]

You can be charged in a lot of states with reckless operation on private property. It's generally an affirmative defense to have permission to use the property in that manner, which would be your burden to prove in court. This is a fairly common high school kid doing donuts in a parking lot scenario, but he actually has the permissions (from himself) to drag race down his driveway.

[@greg5011]

4th amendment violation..

[@ToledoCars]

@@greg5011 I don't disagree, but the legal reasoning won't hold up.

[@i-primeproductions1517]

I am EXTREMELY interested in your statement about them being able to amend the ticket right on the spot for a different law. How in the world cannot be legal?

[@Nineninetails]

The prosecution can change what they are charging you with. This is how they are able to lessen things for people as well. The original ticket remains unchanged, they just dont charge you with it. They still use the ticket as evidence for what happened since it is still a record of the interaction. Basically they use the same facts but point out the other law that you DID break. There are often parallel laws that apply in separate situations. It saves the court a LOT of time to just amend the charge rather than dismiss the whole case and have to start over with the new charge with the same evidence. Keep in mind by the time you are presenting evidence you have already been in the court round at least once and it isnt uncommon to have been there several times.

[@yoyo762]

This is a case of someone giving cops too much respect. And giving them an audience when the only proper response is GTFO my property. People are too brainwashed into giving cops deference to authority even when the cop has ZERO authority .

[@kidgruesome407]

This is like the cops giving a ticket on a private race track.

[@brianr.2331]

You're amazing. I also love your legal advice. You re hired!

[@stephengreen3566]

I love your tie!

[@Andrewflusche]

Thank you! My wife gets the credit for that

[@bspradley]

Great info!

[@shanedickinson2900]

There is a Supreme Court ruling that says speed alone doesn’t constitute reckless driving . I looked for it but couldn’t find it on google . I got it from the law library at the court house and gave a copy to a friend of mine years ago and when he went to court they dismissed their case. Here in Alabama you can charge a person for reckless driving on private property but it would have to be open to the public like Walmart parking lot ect.

[@westbayoutdoors123]

I'd rather fight a ticket for speeding on my driveway than fight all the charges resulting when I walk away from a cop that thinks he's legally detaining me for a traffic stop. Once I've walked away against his orders, he has reason to enter my property and arrest me. He may be wrong, and I'd probably win in either case. But beating the 162MPH ticket on my private property would be a lot cheaper than fighting the arrest that could result if I fled detainment and the cop decided I needed a ride downtown. Even if he was wrong, that's still an expensive prospect. It's the difference between being cop, being a lawyer and being a client. Two of them get paid no matter how it goes. Bottom line, I'm not sure driving away from the cop and putting the car in the garage is good advice.

[@JediOfTheRepublic]

Arguing against a lawyer....classic youtube.

[@westbayoutdoors123]

@@JediOfTheRepublic Next time you're in court, look around at the judge, the cop and your lawyer and ask yourself who's not being paid to be there.

[@birddogne666]

That is an interesting observation, West Bay Outdoors. Am I obligated to mosey on down to the gate and talk to the officer? What Andrew is stating is entirely true. You do not have an obligation to go ask the officer what's wrong. It's the same as if the officer came to your door and politely knocked on it. You don't have to answer. The law is pretty clear. With out a warrant, the officer has no business on your property.

[@clintonsavage4018]

@@birddogne666 You're both definitely right, the best course of action would be not to go to the officer in the first place, but once you're already there, leaving unexcused, even without reason for you to be detained, could definitely lead to more headache.

[@knerduno5942]

but you can get multi million dollar awards for false arrest.

[@radricster]

Going to be interesting watching the charges being laid at the next race at the Texas Motor Speedway.

[@Andrewflusche]

Ah, memories! We went to the first race there, when the parking lots were just fields. Took us hours to get out after the race. It's changed a bit!

[@williezar2231]

Great! Thanks!!

[@roadcalm3303]

Also he should bring a satellite photo of the property showing where the locked gate is and the private road in relationship to the public road.

[@mroberts2738]

Very interesting videos. New subscriber and appreciate you don’t allow ads midway to break the thought of the video. Those are a big turn off.

[@copper4441]

I would have backed up to the cop at the gate and do a run away from him and left him looking in from the outside

[@rino1901]

He should get a speed limit sign that says 200mph

[@EmP-2022]

It doesn't matter how "right" you are! Get an attorney! Attorneys know the law and they know all the perfectly legal things that can be done that honestly feel like traps!

[@dukeman7595]

In N.J. a police officer can issue a traffic ticket for careless driving etc. on private property. It is the same in many other states as well..

[@ChadBray]

A 4 mile long driveway? Long driveway

[@markdandeneau2904]

In Texas that’s a short driveway.

[@johnhiggs5932]

It’s Texas. Enough said.

[@robertthomas5906]

Imagine his dad. We had to walk 5 miles to school. Uphill both ways in the snow.

[@absentmindedjwc]

Update on this: he was offered a deal on the reckless driving charge - which he rejected. Went in front of a judge, the judge read through the file, and immediately dismissed it. No rationale, but if I had to guess: there being no posted speed limit might have been high up on the list of reasons.

[@batsonelectronics]

I lived in TX and that is not it. There are speed limits everywhere even if not posted based on the area. Country is max 50, Country highway is max 55, around other houses can be either 35 or 45 depending if county or city limits, etc. No where was above 65 legal ( back in the late 80's ) when I got my DL there. ( I got there with an Alabama DL but had to retest to get the TX DL.) All that only applies to PUBLIC roads however. I am in South Carolina now and we have the same general set of speed guidelines here, in case a sign is missing, you have a general idea of the speed limit. He was on private property and that is why it was dismissed. If there was no sign, the default max speed for the are would be used.

[@fredflintstone8048]

@@batsonelectronics Agreed, being private property no speed limits apply. So speed limit signs are a moot point in the case. The fact that the road was behind a locked gate also assures that no one might mistake the private property road for being public if such a mistake were being made. I agree with the lawyer here. Ignore the cop and go about your business. He cannot breach the property without a warrant or permission to enter the property by the owner.

[@matthewlivernois8052]

The reason he gave all his information is a learned behavior. As children we are taught to do what police tell us and they are the good guys and when we are older we are not tough our rights and laws till it’s too late.

[@RConradBane]

For me, it isn't about that. I am weighing the other person's demonstrated level of reasonableness. If he or she is already violating the law, how far are they willing to go and what's my likelihood of survival?

[@able34bravo37]

It would have been so satisfying to tell that busybody to have a nice day and watched him float and sputter.

[@Blakek.]

Saw an update to this on another channel ( iirc it was r/legaladvice).... OP had a survey done and took Google maps photos clearly showing his property lines and that his "drivway" was private property and not a public roadway. Case dismissed

[@hillaryclinton2415]

Recklessly driving requires violation of road rules on PUBLIC ROADS...

[@---cr8nw]

Depending on the state and how the law is written, "reckless endangerment" doesn't necessarily have to be an offense committed while driving.

[@frotoe9289]

@@---cr8nw In TX reckless driving is stated explicitly in the statute not to apply to private residential property. Reckless endangerment doesn't seem to exist in TX (or my google fu failed), but it likely has some other title. But whether endangerment would count would depend on whether it applies to a person being stupid only with himself at risk, and whether a reasonable person might think this guy doing 162 on his driveway could endanger someone else. And if it's dangerous to do 162 on his driveway, would it not be reckless endangerment to do that on a track? Probably why they simply dismissed the case. They had nothing.

[@---cr8nw]

@@frotoe9289, all depends on how the statute is written AND how the local yokels understand it.

[@amysimpson2604]

I love your information and love your bow ties🙂

[@docholliday3273]

My read on this....."go do your job and earn my tax dollars for your salary. Get a warrant if you want to come on the property. Oh, and be ready to show probable cause."

[@rogerbartels5223]

How about this: Post your own "speed limit" sign on your private road at 500 miles per hour. One time, I wanted to see how fast my 1968 Pontiac GTO would go. I got it up to 160 mph on a several mile long very flat and straight road. BTW, my 1973 Kawasaki 900 would go 165 mph.

[@danwake4431]

it may have said that on the speedo but it wasn't actual.

[@TheAsheybabe89]

Bulllllshit. As an avid motorcyclist, you didn’t do 165 indicated, let alone in reality, on a stock 73 Kawasaki Z. That bike was like 82hp stock and weighed about 550 pounds wet, literally a modern sportster 1200 with exhaust in a power to weight sense. You might have got 130 if the stars aligned with you in a full tuck with the wind at your back. Even the modern 2022 Kawasaki Z900 will struggle to hit 160 and it has significantly more power, is more aerodynamic, and weighs about 100lbs less.

[@dylanplumley280]

You have a classic kawasaki Z1 900? Ohh I envy you!

[@FYMASMD]

If you posted a 500 mph speed limit sign they would write you a ticket for going to slow. 😂

[@mikemojc]

@3:39 HOW could a judge put you in jail? What crime?

[@kirkbrooks9447]

I once worked for a lady who owned a restaurant and there was a traffic light at the midpoint of the lot. Depending on where you left the lot (And which way you were going) you could avoid the light. She left one morning and a cop wrote her a ticket for circumventing the traffic light. I don't remember what it's called exactly. The judge threw it out and explained to the cop that people are allowed to leave their own property and enter the public streets however they wished as long as they were safe. There were no curbs and the lot was gravel so you could leave the lot however you wished.

[@ThJbomb]

Thanks for letting me know what traffic cops and lawyers think about me when I'm in my car. lol

[@Nayr747]

What's the point of having a good defense lawyer when it would probably be cheaper to just pay the fine? The main problem with the legal system is lawyers are way too expensive and very few people can afford them or justify them given the alternatives.

[@beverlychmelik5504]

Six plus points on your license, and increased insurance rates is the main reason for at least the next 3 years and maybe put in the high risk pool.

[@direcorbie]

how about the lawsuit settlement after the ticket is quashed?

[@Nayr747]

@@direcorbie No normal person can afford a lawsuit unless a lawyer takes it pro bono. They can easily cost hundreds of thousands of dollars and last years.

[@greggbell]

Dude had a private road and race cars, I'm guessing he can afford a lawyer or two! Not saying he should have to but... just sayin'!

[@Elliandr]

If the officer instructs him to "Stay there" doesn't that imply he's being stopped? I mean, when an officer restricts your movements due to what the officer considers to be a traffic violation wouldn't walking away escalate the situation? Granted, there is nothing the officer can legally do about you walking away, but we live in a country where an officer can pull his gun out and shoot someone for something like that and get away with it due to immunity, so were I in his position I'd be afraid of not complying. Would the question, "Am I under arrest or am I free to go?" be the correct question to ask when the officer is doing what the officer believes to be a traffic stop? Also: What if the OP decided to post a speed limit sign on the road at the gate with an infinity sign under it. Would it's presence help in any future altercations?

[@suednonymous8587]

1. It's always a good idea to ask if you're being detained, although an order to "stay there" clearly tells a reasonable person that they're being detained. Or "seized", which means that absent a lawful reason for being seized your 4th amendment rights have been violated. 2. If the cops have a right to enforce any kind of traffic laws on private property your own speed limit sign would be mostly irrelevant. If the property owner posts a speed limit of 15mph you could get a speeding ticket for going 16, but even real speed limits aren't a defense against tickets for unsafe speed.

[@SgtJoeSmith]

@@suednonymous8587 yep what you said. if cop says stay or stop, ask if you are being officially detained. if cop says no. ask if you are free to go or say ok bye. if cop say yes ask why. like in traffic stops they can detain you for an unreasonable amount of time without other just cause. meaning they stop you for speeding about 15 min to write ticket is all they can hold you. unless they see blood stains all over car or drugs, etc and can accuse you of something more. if they hand you ticket and start asking you if you know anything about drug dealers in area just ask if you are free to go. Or if they ask before giving you ticket just ask for your ticket so you can be on your way. If they refuse to give you ticket or let you leave without articulating just cause of another violation you may have grounds for a lawsuit. im not a lawyer but this is how the laws says its supposed to work.

[@SgtJoeSmith]

@Real actual not fake fact checkers truth. 😆

[@greggbell]

@@suednonymous8587 What's unsafe about 162...no speed is safe.

[@greggbell]

@Real actual not fake fact checkers HAHAHA

[@jonevans5084]

This "car enthusiast" isn't the brightest bulb on the Christmas tree. D'uh!

[@alexmcd378]

OP said his driveway runs along the public road for around 4 miles. Depending on how much separation there is between the road and the drive, I could see a solid case for reckless endangerment. A car going 162 that got out of control could cover a lot of distance and wind up on that public road

[@bobbyhempel1513]

Considering the way police act nowadays had the guy just turn around and walked away he probably would have got tased.

[@danieljones317]

Shot dead, more likely.

[@FYMASMD]

Being in Texass, cop would have shot him in the back.

[@matthewgodwin6688]

I had cop hold me at accident scene it was four car pileup 2 left the scene and other driver blamed me so held me there until nearly The hospital listen to officer and missed all bunch injuries I got attorney and officer lied in court got screamed at by judge

[@Born_Stellar]

cops should be fired for lying.

[@matthewgodwin6688]

@@Born_Stellar Supreme Court says lying murder election fraud and poison is law of land

[@i-primeproductions1517]

I can’t understand your post. Were you drinking when you wrote it? Lol Hope there is no law against that

[@matthewgodwin6688]

@@i-primeproductions1517 no just major head injury that everyone missed

[@wisconsinfarmer4742]

@@i-primeproductions1517 but still neglects to rewrite it in an understandable form.

[@billbowden7590]

Felcher is jealous his car can't go that fast.

[@---cr8nw]

Honestly, as someone who owns rural land, I'm jealous of having a road on which it's even possible.

[@NYC11213]

I was on private property in ny and a police drove on a store's private road to their parking lot, parked and stopped me from walking into the store to give me a traffic ticket in front of the store . When I submitted a motion to dismiss, the DMV traffic court judge denied it. Is there a federal or state law that states police cannot write tickets on private property?

[@kennethiman2691]

Hmmmm. A lawyer KZbin channel always saying you need an attorney. I understand but have beaten every traffic ticket by myself.

[@goldwinger5434]

When I lived in Virginia, my car club hosted a talk by a lawyer who specialized in DUI cases. He told us of two interesting and surprising cases. One was a guy who was cutting his lawn on a riding mower and was drinking a beer while doing do. The other was a guy who was working on his car with the engine running and was drinking a beer while doing so. Both were charged and the judge upheld both charges and they were found guilty of DUI or DWI (whatever it is called in Va.) because they were operating motor vehicles while consuming alcohol.

[@RConradBane]

Those had to be the worst attorneys in the history of attorneying.

[@thomaswagner9875]

Technically, you can even be arrested for DUI while riding a bicycle on a public road.

[@Zt3v3]

@@thomaswagner9875 but that makes sense, if you're intoxicated operating a vehicle on a public roadway. A riding mower on private property makes no sense, and while working on your car in the driveway sounds like a real stretch but plausible.

[@i-primeproductions1517]

Holy Hell that’s bullshit. I would appeal

[@TheFalconerNZ]

TRUE stories, In Australia a man was arrested Drunk In Charge/Driving Under Influence (select which applies to your country) while riding his horse into a small outback town. In New Zealand a man was arrested for DIC/DUI on his way to the liquor store to get some more beer in his unpowered wheelchair on the footpath.

[@realburglazofficial2613]

Cop sat at gate with lights on. OP heads down to see what’s wrong Cop: “I just clocked you at 163Mph” OP: “Cool!” _walks away_ That’s how it should have happened!

[@Born_Stellar]

'thanks for clocking my speed! stay right there and lets do another run!'

[@i-primeproductions1517]

“Really? I thought I was doing 175. You might wanna get your equipment checked” 😂

[@sueannoquinn6788]

I didn't catch where this happened. In Georgia, the roadway has to be on an approved list of roadways to use electronic speed detection devices. I doubt there is a driveway in the entire US of A that is on that list. If the road that runs parallel to his property isn't on the list, then he can't use at devices there either.

[@Robocline]

I would love to see your reaction to my arrest video. It's on my channel if you want to look. TLDR version. I got arrested for refusing a DOT inspection in KY but all I did was refuse to assist them in the inspection. I have watched several of your videos and I appreciate your analysis of legal issues.

[@christopherpittman8054]

I always refuse to assist. Knowing the law is always to your advantage as most cops don't.

[@AndSheAndI]

I've often wondered what I am supposed to do in a DOT inspection situation. Seems DOT has so much authority with my pocketbook with citations, I fear not talking to them.

[@christopherpittman8054]

@@AndSheAndI never fear your government. Always make your government fear you.

[@machintelligence]

@@christopherpittman8054 And when you get shot by a cop who "feared for his life" good luck (if you survive.)

[@christopherpittman8054]

@@machintelligence and that is why you will never be remembered. You shall be among the gravel that lines the roads of history.

[@tomjackson4374]

I saw this post elsewhere and the ticket was dismissed. Judge threw it out.

[@scottcampbell4678]

This is ridiculous. I live in Vermont. This would not even get to court. The officer has ZERO authority to issue a traffic ticket on private property.

[@TJTinerella]

I live off 2 miles of private Road..then I my side of the gate I've got roads and trails all over my property that I run my unregistered 4x4 on all the time. AN officer standing at my gate demanding any info would be told to leave, go pound sand until you have a warrant

[@the1digitalwizard]

So how can a judge in Virginia put you in jail for going 162 miles on your own property?

[@cooldaddyslick6869]

He said "could". Every state is different.

[@PrezVeto]

He didn't specify that that hypothetical was on private property.

[@the1digitalwizard]

@@PrezVeto yes he did

[@PrezVeto]

@@the1digitalwizard So he did. My bad. I'm guessing he either misspoke or was thinking of something like a reckless endangerment charge.

[@AndSheAndI]

looks like you jumped to conclusions .... dude doesn't have his car registered for the public road or highway use, even * calling bs about opening up his car on the road... * carry on

[@Born_Stellar]

well I get where he's coming from. I don't think there is anyone who has driven a car for more than a month who hasn't broken some driving law. kinda just calling him out for the 'I am totally 100% an angel at all times' comment, when we know no one is.

[@Prophet10Joseph10]

Put up a sign that states speed limit 250. Private road sign . Reckless driving allowed sign. Take a photo of it all and submit it.

[@HopeisAnger]

It's effectively a Fine for thinking it's okay to talk to police. Who knew Texas and California had so much in common.

[@frenstcht]

It was "alongside a highway for about 4 miles" and is "about 800 feet" from the highway. A car going 162 mph can cover a long distance when it crashes, potentially sending debris a lot farther. Obviously it depends on the details, especially the 800' claim, but I can see a not-unreasonable case for legal action.

[@timothya2742]

Don't talk to the Police? If only it could be that simple 😂 I guess if you love Brandon the DA might give you some slack. Let's go Brandon!

[@pawelkusmierek109]

It's like a cop going with a laser gun to 24 hrs of Daytona and gave a ticket to every competitor.

[@antonnym214]

I watch your videos and I knew immediately he shouldn't have talked to the deputy. If he had done that, he wouldn't have got a ticket, and he wouldn't have to go to court.

[@xIxAmxKh2xI]

man, wish i had been able to hire you for my "reckless driving" winter accident

[@kkendall99]

I like the initial advice "Sorry officer, this is a private road have a nice night" and then walk away. Assertion of authority is an awkward thing to police that are not used to it, they will second guess their position.

[@archibaldt.6]

And then they use that as justification or "probable cause" to invade the property and arrest you. They do whatever they want with no oversight.

[@i-primeproductions1517]

@@archibaldt.6 well they don’t do whatever they want without consequences. That’s not a probable cause case. And if they can’t prove a crime was in the act of being committed then his rights would be violated and it could be a very expensive lawsuit against the city.

[@jhill4874]

One of my neighbors got a DUI on our private road. He dump his car in a ditch.

[@MrTheHillfolk]

1:18 yes, when you've got a fast car and you're any kind of a drag racer you won't open it up on the street it's too dangerous. If this guy's serious, he's probably got a car that runs a 10 second 1/4 mile or faster. That time of 10 seconds will have you doing about 125-140mph at the end of the 1/4 mile. And probably under 3 seconds 0-60 also. That ,and if it's a dedicated track car it's never going to have traction on the street.