Legal Question in DUI Law in California

Re: Does the motor vehicle code apply on private property?

Thanks for your posting.

The answer to your question, as with much of law, DEPENDS on the facts.

Driving violations have to take place on a public roadway, highway, or street.

However, much of the vehicle code does not require a public roadway. Consider Vehicle Code section 22523, which states that it is illegal to abandon a vehicle upon any highway, public OR PRIVATE PROPERTY, without consent of the owner or person in lawful possession of the property.

Even without specifying private property, the situation may apply under the vehicle code if there is a health or safety issue at stake.

Like I said, it depends.

Re: Does the motor vehicle code apply on private property?

Recent case law has made the vehicle codes and their provisions applicable to private property. Especially to property that is used by the public although it may be privately owned (i.e. parking lots) Even private property, such as corporate owned facilities, are subject to the code provisions. The courts seem especially interested in extending the code to cases involving the use of alcohol while driving.