Legal Question in Traffic Law in California

My question is this: if the security officers in my HOA have the right to issue traffic violations to the people driving on the roads within the gated community which are in fact traffic tickets that you have to appear in Nevada county court for, are these security officers also obligated to enforce all traffic laws. the reason i ask this question is, my wife was stop at the gate , to enter the property and a person in front of her, proceeded to back his vehical up, because the gate didnt raise and hit my wifes car. the gate then raised and he took off without stopping to see if she was ok or anything. this is hit and run and was witnessed and caught of the video camera of the HOA, and the security people did nothing about it, my wife had to follow the person, the security people did nothing. do they have an obligation to respond, and do they have to issue a citation for this to the drive of the other car who hit my wife. is this negligents or is this criminal on there part. what can i do, they did nothing. is there laws on the responsibility of security officers and there obligation, because they can issue tickets for traffic violations within the HOA grounds, that are enforced by the nevada county courts.


Asked on 1/31/13, 11:37 am

1 Answer from Attorneys
Zadik Shapiro Law Offices of C. Zadik Shapiro

I do not know what authority the security people have. But law enforcement agents do not have an obligation to cite, investigate or arrest anyone. They certainly have discretion to do so and if you need witnesses they can be subpoenaed but they are under no obligation to make an arrest.

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Answered on 1/31/13, 2:57 pm


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