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Mall Parking lot ticket

I was recently pulled over for having a loud exhaust on my car, and the cop said my liscense was suspended..

The state police office did not stop me on the road but rather in a mall parking lot as I was pulling into a parking space.

I was told long ago from Police Officers that used to come by my work, that violations in a parking lot can't be enforced since it's really private property. Unless the property owner has an agreement with police to enforce traffic laws police cannot issue citations.

Is this true? or could any of this be used in my defense for when I go to court?? I have already had my hearing with the magristrate for the application for criminal complaint and he said he was moving forward with the complaint

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Submitted Sun, 02/20/2011 - 21:05

A public way or right of access is not required in order to sustain a conviction for the crime of operating after suspension. Once a driver’s license is suspended or revoked, there can be no operation anywhere. See Commonwealth v. Murphy, 409 Mass. 665 (1991).

Attorney Brian E. Simoneau

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